Court orders military to place accused in prison custody

Accra, Dec. 7, GNA - An Accra Fast Track High Court on Tuesday ordered the Military to place in prison custody two soldiers accused of murdering Alhaji Issa Mobila, the former Northern Regional Chairman of the Convention People's Party.

The court presided over by Mr Justice Senyo Dzamefe said the Military had flouted the order by the Tamale High Court by not placing the accused persons in prison custody as ordered. "No one is above the law", he said. Justice Dzamefe also ordered the prosecution led by Ms Penelope Ann Mammata, Chief State Attorney, to file a motion on the matter of whether the newly empanelled jury should hear the case or whether the old juror, who has recovered from his illness, should be reinstated and the hearing continued with the old jury.

The motion would also include whether or not the trial judge could continue to hear the case since he has been elevated to the status of a Court of Appeal judge.

He asked Mr Thaddeus Sory, Counsel for the defendants, to respond to the motion that would be filed by the prosecution to have their positions on the matter recorded. He will then give his ruling on the matter. The ruling on the matter has been adjourned to December 16. At the last adjourned date, the prosecution said they should reinstate the juror and continue hearing the case with the old jury. However, defence counsel disagreed, saying they should use the newly constituted jury. The discourse was, however, not recorded. The accused persons; Corporal Yaw Appiah and Private Eric Modzaka and their accomplice, Private Seth Goka, have been charged with conspiracy to murder and murdering Alhaji Mobilla. The state is yet to arrest Private Goka, who is on the run. The prosecution's case is that the deceased, until his death, was also a transport owner and Chairman of Northern Region Branch of Ghana Private Road Transport Union.

On December 9, 2004, the deceased 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 sympathizers were mobilizing to free him. The deceased was transferred from police cells to Kamina Military Barracks in Tamale and handed over to the three accused persons who searched, undressed and put him in guard room. At about 2130 hours on the same day, the police received information that Alhaji Mobilla, aka Issah Mohammed, had collapsed and died in Military cells.