A witness who testified at the Accra Fast Track High Court in connection with an action instituted by former National Security Advisor, Lt. General Joshua Hamidu and three others against Dr. Wayo Seini, spokesperson for the Andani Gate and others has stated that there was no helicopter movement in the Dagbon area on the day of the murder of the Ya-Na, Yakubu Andani.
In a transcript of proceedings of a Fast Track High Court in Accra of December 3rd, 2003 with his Lordship Justice G.A. Aryeetey sitting obtained by The Independent, the witness, Desmond Tetteh-Tsuru, Chief of Facility Air Traffic Control at the Accra International Airport told the court that he had records of that period-from 22nd to 28th March 2002-in the Dagbon area that showed that there was no helicopter movement.
"According to our record, there was no Helicopter movement in the Dagbon area or even in the Tamale area within that period", Tetteh-Tsuru told the court.
Mr. Tetteh Tsuru who is an employee of the Ghana Civil Aviation Authority (GCAA) was subpoenaed by the court to give evidence about aircraft movement between 22nd and 28th March 2002.
According to the witness, "the Civil Aviation Authority keep records of movements of all the Aircraft in this country both Civilian and Military".
Tetteh-Tsuru explained " This is the movement for the 22-3-2002. We keep two log Books, one for even numbers and one for odd days for recording purposes. The 22nd, 24th, 26th and the 28th and the other ones are 23, 25, 27, and I wish to tender them in evidence".
Witness said "in the even days book, we have a column, which states Aircraft size. If it is helicopter, it will indicate Hel, and there is no Hel there, that means there is no helicopter movement".
He then tendered in evidence to the court, records from Tamale about the Aircraft they handled within the period, which showed that there was no helicopter movement on the period that the late Ya Na Yakubu Andani State was murdered.
This attracted objection from counsel for defendants, Charles Hayibor. Counsel argued that the document was a photocopy and should not be accepted. "We do not know where it is coming from, it is not signed by anybody, it is not certified by anybody and it is not even worth the paper on which it is written", counsel argued.
In a counter objection, counsel for the plaintiff, Mr. Addison, argued that the document was not a photocopy, adding, "this is a fax and it shows the origin of the fax. The origin of the fax is from AA Tamale. It is not a photocopy".
However in the view of Mr. Hayibor, if the document was from Tamale, "it has to be certified for us to know that it is indeed from there".
Yet, Mr. Addison in his counter objection noted "quite clearly, it shows where the fax is coming from.
It is coming from GCAA, Tamale, and it is being tendered from a proper custody, an officer of GCAA.
You cannot ask for more and the reason why it is tendered is obvious, because it was faxed from Tamale so you cannot have the original from Tamale."
In his ruling on the objection raised by Mr. Charles HAyibor, the presiding Judge, said "being a fax copy the court has been told that the original is at Tamale, and being tendered by the officer in charge by Section 148 of NRC 323, the document is admissible. The objection by counsel for the defendant was thus overruled."
Another witness, Mohamadu Abdulai, who said he lives at Bankewule in Tamale stated categorically that accusations that Alhaji Yakubu Alhassan, Lt. General Joshua Hamidu, and Major Abubakar Sulemana as well as Mr. Hamidu Amadu, a leading member of the NPP "conspired to commit the heinous crimes was a lie."
He told the court that he was among the chiefs who heard of the death of the Ya Naa on the 27th of March 2002 and could not eat when the news of the heinous crime reached them.
He said the chiefs assembled at the house of Tamale Lawyer, Ibrahim Mahama who sought their views on what had happened to the Dagbon state, but none present could suggest what ought to be done.
According to Muhamadu Abdulai, Lawyer Ibrahim Mahama told them "if we do not connect government and its people, the matter would not have a place to rest."
Witness said they were all quiet, "...that in his mind (Ibrahim Mahama talking), it was Lt. General Hamidu and Major Sulemana who did what happened.
They have authority over soldiers who could do what they have done, that if we do not think and connect them in that matter, Dagbon skin would go out of the Andanis hands...That we should go back home, sleep over it on our pillow, reflect on it and find a way of connecting Lt. General Hamidu, Major Sulemana, Malik, Tijani and Aminu", witness further told the court.
He said the following day they again met at the house of Alhaji Ibrahim Mahama where upon the instructions given them the previous day, "the regent of Gukpegu, Ziblim Abdulai got up and said that he has been told that Sulemana had been seen in military uniform with soldiers with him and he was putting on Dagbon hat just like what I am wearing" and led the soldiers to the Ya Naa's Palace and started firing.
Witness continued: "Then Alhaji Ibrahim Mahama said that is what we want. He is very happy about what he has said".
Another one of them, Abdulai, according to witness "also got up and said Malik was in charge of Police, he told the Police that they should not get themselves involved in what is going on and that hat all telephone lines to Yendi should be cut off that is what he thinks of Malik".
Witness also told the court that " Lawyer Mahama also got up and said people ran to him with the information that it was Mr. Aminu who supplied ammunition and guns to the Abudus".
Sitting was adjourned to last week December 9th 2003.
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