d that an appeal against a judgment did not automatically mean that the low= er court should stay proceedings. The court gave defence counsel two weeks saying if it did not hear anything pertaining to the matter in the Supreme Court, it would empanel jurors for trial to commence. According to the court, it had not seen any order from the SC askin= g it to stay proceedings adding its decision was discretional. It therefore adjourned the matter to March 17, pointing out that the cas= e would be heard on daily basis, as such prosecution should assemble all it= s witnesses. On December 17, last year the FTHC dismissed a directive to the Registra= r to provide details and particulars of jurors to be empanelled for the tri= al of the alleged killers of the deceased. The FTHC in its ruling noted that if the motion was granted, jurors=
d that an appeal against a judgment did not automatically mean that the low= er court should stay proceedings. The court gave defence counsel two weeks saying if it did not hear anything pertaining to the matter in the Supreme Court, it would empanel jurors for trial to commence. According to the court, it had not seen any order from the SC askin= g it to stay proceedings adding its decision was discretional. It therefore adjourned the matter to March 17, pointing out that the cas= e would be heard on daily basis, as such prosecution should assemble all it= s witnesses. On December 17, last year the FTHC dismissed a directive to the Registra= r to provide details and particulars of jurors to be empanelled for the tri= al of the alleged killers of the deceased. The FTHC in its ruling noted that if the motion was granted, jurors= who were to be empanelled faced the risk of threat, insecurity and intimidation. According to the court, it had not come across any rule directing the co= urt to provide details and particulars of a jury. "This is a novelty in our criminal jurisprudence," the court preside= d over by Mr. Justice Senyo Dzamefe ruled. The soldiers proceeded to the CA, which on February 8, this year dismiss= ed a motion on notice praying the court to stay proceedings at the FTHC pend= ing an appeal. It ruled that the list of jurors could not be provided to the accus= ed persons describing the application as unmeritorious, because the applican= ts had not been able to demonstrate enough grounds for the stay of proceedin= gs. The accused persons facing a charge of conspiracy to murder and murdering Alhaji Mobilla are calling for the list of jurors for investigation before they were empanelled. Private Seth Goka, who is yet to be located, has also been charged with the death of Alhaji Mobilla. The FTHC is yet to take their pleas. On December 9, 2004, Alhaji Mobilla 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 hi= s sympathisers and followers were mobilising to free him. The deceased was therefore transferred from police cells to Kamina Military Barracks and handed over to the three accused persons. Three hours after Mobilla was handed over, he died. A pathologist's report revealed that Mobilla was sent to the hospit= al dead, and that he died from multiple wounds.
