Alleged killers of Mobilla plead not guilty

Accra, March 17, GNA - Two soldiers who are being held for the alleged murder of Alhaji Issah Mobilla, ex-Northern Regional Chairman of Convention People's Party (CPP) on Wednesday pleaded not guilty to the charge of conspiracy to murder and murder.

The soldiers who appeared before the Fast Track High Court (FTHC) are Private Eric Modzaka and Corporal Yaw Appiah.

Their accomplice, Private Seth Goka whose whereabouts is unknown to the court would be tried in absentia.

Explaining the circumstance under which their accomplice Goka was to be tried, the trial judge Mr. Justice Senyo Dzamesi said because their colleague was aware of the charge preferred against him and had not sought permission from the court; he would be tried in his absence. Meanwhile a seven member jury had also been empanelled. The accused persons did not object to the empanelling of the jurors. Prosecution addressing the panel gave an insight to the ingredients that went into the two charges preferred against the accused. Mr. Thaddeus Sory, defence counsel, reminded the jury that their task was simple but a difficult one.

According to him, they were to apply evidence adduced before the court as well as the law.

He reminded them that the accused persons did not go to arrest the deceased adding, they only received the deceased in Military custody while they were on duty.

According to him the orders emanated from the Northern Regional Security. Meanwhile, the first prosecution witness, Abubakar Abdul Latif Sahana, a farmer residing in Tamale has mounted the witness box. On December 17, last year, the FTHC dismissed a directive to the Registrar to provide details and particulars of jurors to be empanelled for the trial of the alleged killers of the deceased.

The FTHC in its ruling noted that if the motion was granted, jurors who were to be empanelled faced the risk of threat, insecurity and intimidation. Through their counsel, they proceeded to the Court of Appeal (CA) to stay proceedings in the matter before the High Court. This was however thrown away by the CA.

The accused persons further proceeded to the Supreme Court to appeal against the decision of the CA.

Stating the grounds of appeal before the SC, the soldiers contended that the Court of Appeal (CA) erred when it held that the appellants (Soldiers) failed to demonstrate any exceptional circumstance to justify the grant of application.

The CA also erred when it held that they failed to prove that the application was neither sanctioned by law or practice. Prosecution said the deceased until his death was a transport owner, Chairman of the Ghana Private Road Transport Union (GPRTU), Tamale and the Northern Regional Chairman of CPP.

On December 9, 2004, Alhaji Mobilla was arrested by the police for allegedly supplying the youth in Tamale with guns to foment trouble. While in custody, the police allegedly received information that his sympathisers and followers were mobilising to free him. The deceased was therefore transferred from Police cells to Kamina Military Barracks and handed over to the three accused persons who searched and undressed him and put him in the guard room.

At about 9:30 pm, the same day, the Police received information that Alhaji Mobilla aka Issah Mohammed had collapsed and died in cells. Dr. Kofi Boateng of the Komfo Anokye Teaching Hospital conducted a post mortem after the deceased had been identified by a relation. A pathologist's report revealed among other things that Mobilla was sent to the hospital dead, and that he died from multiple abrasions. 17 March 10