Monday, April 26, 2010
By Stephen Kwbena Effah.
THE nine persons standing trial for the murder of the Overlord of Dagbon, Ya-Na Yakubu Andani II, in 2002, are seeking bail at the Human Rights Court in Accra.
Iddrisu Iddi, 76; Alhaji Baba Abdulal, 56; Kwame Alhassan, 53; Yidana Sugri, 42; Mohammed Kojo, 45; Mahamadu Abdulai, 57; Sayibu Mohammed, 34; Yakubu Mahamadu, 42 and Alhassan Braima, 40, have filed an application to that effect.
Their action was prompted by the refused of the Accra Magistrate Court to grant them bail on April 12, when they were first arraigned on various charges of conspiracy to commit murder, murder and unlawful military training.
The nine, whose plea were not taken, are due to make their second appearance at the Magistrate’s Court on May 5.
The nine, however, appeared before the Human Rights Court on Friday where their lawyers were expected to have moved their application for bail.
But when the case was called for the application to be moved, Nana Obiri Boahen, one of the defence counsel, told the court that they had not been served with a copy of an affidavit in opposition filed by the Attorney-General’s Department.
The court thus adjourned to April 27, to enable the A-G to serve the applicants to enable them to respond appropriately.
Mr. Obiri Boahen told journalists after the court proceedings that their contention had to do with the fact that the detention of their clients was improper and a violation of their fundamental human rights.
According to him, under the law, accused persons were not supposed to be remanded in custody for more than 14 days, noting that the Magistrate’s Court erred in remanding the accused persons into custody for more than three weeks.
Mr. Obiri Boahen said that although his clients had been charged, their plea had not been taken adding that no bill of indictment had been prepared by the state to cover the case.
He argued that once it was a murder case, the state ought to have prepared a bill of indictment and summary of evidence.
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