Jailed PNC Gurus Appeal

Alhaji Ahmed Ramadan - PNC Chairman

DR. SOMTIM Tobiga, one of the three People's National Convention (PNC) leading members who are in court for allegedly breaking into the party's headquarters illegally, has filed a motion at an Accra High Court, seeking to quash an Accra Magistrate Court order which revoked their bail.

The three officials, Dr Somtim Tobiga, Baba Ghana Seidu and Ahmed Gado, who were granted bail after they pleaded not guilty to two counts of causing harm and stealing, had their bail revoked by the Magistrate Court presided over by Mary Faustina Addington, for allegedly disobeying the court's order to vacate the office at the headquarters, and were subsequently detained in police cells.

Dr. Tobiga, who was not in court when the order was given, showed up yesterday at the Adjabeng Magistrate Court 2 and informed the Magistrate about his motion and an application for an order prohibiting her from conducting further hearing till the determination of the motion at the High Court.

The two other accused persons were absent because they were in police custody.

Dr. Tobiga, who is a lawyer and therefore represented himself, also objected to Effah Darteh's involvement in the matter, demanding that the court rule on the matter.

According to him, Effah Darteh, who normally held brief for the complainants, had no right to hijack prosecution when by status, it was the responsibility of the Attorney-General and its representative to prosecute the case.

However, Effah Darteh, who argued for the bail to be revoked, responded that as a lawyer, he had every right to speak in any court in the country, at least as an officer of the court.

Dr. Tobiga noted that the fact that he ( Effah Darteh) was a lawyer did not give him the right to speak in a case, especially one that he was not representing a party. However, the court overruled Dr. Tobiga's objection.

Effah Darteh, who was of the view that the motion was just a notice as it had not been heard or determined by the High Court, reminded Mrs. Addington of her order and requested that Dr. Tobiga should also be remanded into custody.

According to him, if that was not done, people would say he had been let off the hook because he was a lawyer. But Dr. Tobiga argued that since he had filed the motion, the judge could not give such an order.

The prosecutor, F.M Iddrisu, then indicated that the order was made before he filed his motion, so he was also affected.

The court thus reminded the accused, as requested by the prosecution. When Dr. Tobiga was asked by Inspector Iddrisu to wait for the police to come for him, the PNC leading member had wanted to disregard the prosecutor's request, but the judge ordered him to sit down and wait as he was not above the law.

Mrs. Addington also noted that she would not fix a date for further hearing, but would rather wait for the decision of the High Court.

The three were reportedly part of some leading members of the party, including some members of the Council of Elders and Regional Chairmen, who claimed that they had abolished the current national executive and replaced it with an Interim Management Committee (IMC).

Inspector Iddrisu, narrating the facts, told the court that the three accused persons, in the company of some thugs, changed the locks at the party's headquarters and prevented the elected officers from operating from their offices.

According to the prosecutor, some officers, including Alhaji Ahmed Ramadan, National Chairman; Mr. Bernard Mornah, General Secretary, and Mr. Attik Mohammed, the Policy Analyst, lodged a complaint with the Kotobabi Police.

Based on this report, the three persons were arrested from the party's headquarters but were released on bail after their caution statements were taken.

Inspector Iddrisu told the court that although the Divisional Commander informed them about the date and venue for the case, the two refused to appear before the court, hence his request for a bench warrant for their arrest.

By Mary Anane