An Accra Fast Track High Court on Friday reserved its ruling in the matter in which two soldiers are being held for the death of Alhaji Issa Mobilla, Chairman of Northern Regional Convention People's Party (CPP).
The court was to deliver its ruling on whether or not to grant the State leave to file additional evidence in the matter.
The two soldiers Corporal Yaw Appiah and Private Eric Modzaka, are standing trial for conspiracy and murdering Alhaji Mobilla.
A third soldier, Private Seth Goka, is, however, being tried in absentia. The accused persons who had been on remand, have denied the offence.
At the court, the trial judge indicated that it has received a letter to the effect that all lawyers including Ms Penelope Mamattah, the prosecutor were attending Legal Education Training Sessions, and therefore, adjourned the matter to January 27.
However, Mr Thaddeus Sory, counsel for the accused persons complained about his clients continued incarceration and urged the court to deliver its ruling despite the prosecutor's absence.
Prosecution had argued before the court to grant her leave to file additional evidence in the case. This application the defence counsel had objected to, saying that process sought to delay proceedings.
Alhaji Mobilla was arrested by the police on December 9, 2004 for allegedly supplying the youth in Tamale with guns to foment trouble.
While in custody, the police claimed they received information that his followers and sympathisers were mobilising to free him.
The deceased was consequently transferred from the police cells to the Kamina Military Barracks and handed over to the three accused persons. According to the prosecution, Alhaji Mobilla died in military custody three hours after he had been handed over to the accused persons, who were on duty that day.
The pathologist’s report revealed that the deceased was sent to the hospital dead and that he died from multiple wounds.