Yaa Na Case: Bagbin disagrees with Justice Appau

Majority Leader, Alban Sumana Kingsford Bagbin, Thursday, stirred controversy on the floor of Parliament when he told the Speaker that he completely disagrees with the position of Justice Yaw Appau over the ruling on the Overlord of the late King of Dagbon, Yaa-Naa Yakubu Andani II.

Justice Appau, a Supreme Court designate, had told the Appointments Committee of Parliament when he appeared before it for vetting that the trial case of the murdered Overlord of Dagbon is a closed chapter because there was no evidence to implicate the accused persons.

However, he said he could not say for certain if the matter could be re-opened when there is fresh evidence.

“Looking at the facts that came before me as a Judge it is my view that it is a closed chapter. But if there are suppressed facts which other people know which I don’t know, then I cannot tell.”

But the Majority Leader who is also the law maker for Nadowli/Kaleo Constituency said Justice Appau’s position was not the true picture of the situation as contained in the report of the committee that sat on the case.

“Mr. Speaker, I just want to, with the greatest of respect to my colleague, Justice Yaw Appau, that I disagree with his position about the law on the Yendi case. I disagree because even in the report of the commission there were areas that they left for further investigations and prosecution and we are talking about criminal not civil case.”

“I agree that if there had been new evidence it can be brought back and re-prosecuted but the way it is stated and being published it is like that is the end of the day and I don’t think that is the case. But it is important for us to emphasize that criminal cases can still be brought to court not only those that went to court which will need new evidence but there are others that have not been to court which I believe that they can be sent to court for prosecution. That is my humble view.”

Hon. Bagbin was contributing to the debate on the sixteenth report of the Appointments Committee on the President’s nominations, Justice Yaw Appau and Lawyer Gabriel Pwamang, as Justices of the Supreme Court. Commenting further, the former Health Minister told the House that he also disagrees with Justice Appau’s statement regarding the law of war.

Justice Yaw Appau, who is an Appeals Court Judge, had told the Ebo Barton-Odro chaired committee that the evidence regarding the death of the Yaa-Naa brought before him indicated clearly that what happened between the Abudus and Andanis for three days was a communal war.

To Hon. Bagbin, Justice Yaw Appau’s interpretation of the Yendi case as a communal war contravenes the Geneva Convention on the law on war.

“I disagree that what happened in Yendi amounted to war. Anybody that has the opportunity should look at the Geneva Convention on the law on war and will see that what actually happened in Yendi could not be described as a situation of war.

“it was a feud between two factions from the same family. That is not a war situation. You know under our law the only person that can declare war in Ghana is His Excellency the President. I want to put this on record as my disagreement on his statement on war.”

He, nonetheless, lauded the exceptional brilliance and professionalism exhibited by Justice Yaw Appau throughout his career and urged other members to also approve of his nomination to the Supreme Court.