'I don't have jurisdiction to grant bail'- Judge declares

Accra, May 5, GNA - A District Magistrate Court in Accra on Wednesday turned down a bail application put in by 10 suspects allegedly connected to the murder of late Dagbon King, Ya Na Yakubu Andani II and some of his elders in 2002.

The Court presided over Ms. Patricia Quansah noted that it lacked the jurisdiction to admit them to bail as a result of the charges preferred against them.

The suspects, whose pleas have not been taken, are facing charges of conspiracy to murder, murder and organising military training. The district court therefore directed them to go the High court with their application if they so wish.

According to the court, any attempt to grant them bail might be in conflict with the decision of the High Court. On April 12, this year nine suspects were put before the court. They are; Iddrisu Iddi 76, (absent in court) Alhaji Baba Iddrisu Abdalla 54, Kwame Alhaasan 53, Mohammed Kojo 45, Mohammadu Abdulai 57, Saibu Mohammed 34, Yakubu Mohammed, 42, and Alhasaan Briamah, 40, and Yidana Sugri, 42, However, when the sitting resumed today, Abubakar Mahama had also been picked up in connection with the same offences and put before the same court.

The court remanded all the 10 accused persons into Police custody to reappear on Wednesday, May 19. Meanwhile the Human Rights Court (Fast Track High Court Division) is expected to rule on a bail application put in by the accused persons on May 18.

Prosecution has hinted that eight more persons, who are at large, are yet to be picked up. The court ruling was based on a repeated application put in Mr. Samuel Atta Akyea, lead defence counsel, in the matter. Mr. Akyea noted that submissions by prosecution that investigations were incomplete, was 'a clever attempt to secure further remand of the accused persons in custody.'

According to him, the prosecution ought to show the court the accused persons had the capacity to interfere with investigations carried out by security personnel.

'If they can't interfere with investigations, then they are entitled to their freedom,' he added. He said the state did not have 'proper' charges against the accused persons adding, the state was experimenting with the rights of the accused persons. Mr. Akyea said there was no legal basis for the state to continue to detain the accused adding the accused had not interfered with investigations since March 2002. Ms. Gertrude Aikins, the Director for Public Prosecutions (DPP), prayed the court for a two week adjournment since investigations were in complete. According to her, the two weeks' adjournment was also to enable the state meet the demands of a bill indictment in respect of the matter. She said eight more persons would be brought before the court in respect of the same matter. According to her, new evidence had been stumbled upon and would need a little time in their investigations. The DPP substituted the old charges preferred against the accused with a new one adding, at the court's next sitting, it would consolidate the two dockets.

Some sympathisers who were declined entry by security personnel into the court yard remained outside the court amidst drumming in solidarity with the accused persons. The number and presence of security personnel detailed to the court premises could not deter some sympathisers from shouting on top of their voices at the court premises. It would be recalled that in March 2002, Ya Na Yakubu Andani II, and some of his elders were killed following a clash between the two royal gates in Dagbon; Abudus and Andanis. After the clash, Janfo and Sugri were arrested and put before an Accra Fast Track High Court for the alleged murder of the Ya Na and his elders, but were acquitted and charged. In a fresh attempt by government and security agencies to find the murderers of the late Ya Na in a dawn swoop rounded up 41 persons at Yendi. After screening them in Bimbilla, 33 were granted self recognisance bail, while the rest were escorted to Accra and put before the court. 5 May 10