Sympathizers and supporters of the nine persons being prosecuted for the murder of the Overlord of Dagbon, Ya-Na Yakubu Andani II, yesterday besieged the premises of the Fast Track High Court in Accra to protest against their trial.
Mr. Akyea said the magistrate was misled by the prosecution to believe that the case was a murder one, which, he said, disarmed the magistrate to refuse bail for his clients, saying “the magistrate misunderstood her jurisdiction”.
Further, he said that although brief facts are suppose to explain why a particular charge has been preferred against someone, he noted that in their case, the facts presented by the prosecution at the magistrate’s court was on the contrary.
He said the magistrate should have taken Article 14 into consideration to establish whether the prosecution demonstrated reasonable and cogent grounds that his clients were indeed linked to Ya-Na’s murder.
He described the situation where suspects were arrested and remanded before investigations were conducted as “justice upside down”
However, he conceded that the bill of indictment and summary of evidence had not been prepared as required in murder cases, adding that these were being prepared.
Mr. Owiredu also said that in view of the fact that the case is about murder and by virtue of Section 96 (7) of the Criminal Procedure Act, bail cannot be given to the applicants, saying “it’s proper the lower court did not grant them bail”.
He said “everything possible is being done to put them before a High Court before the end of May”.