Ya Na 'Killers' Get Date

An Accra Fast Track High Court will on Tuesday, March 22, 2011 rule on whether or not the 15 persons charged for the murder of Ya Na Yakubu Andani II, overlord of Dagbon in 2002 have a case to answer.

This follows the completion of the filing an application for 'Submission of No Case' by the accused persons, filing of response by the prosecution, as well as the filing of a reply to the prosecution's response by the defense.

On Friday, the trial court, presided over by Justice E.K. Ayebi of the Court of Appeal, before fixing the date, asked Kwame Boafo Akuffo, who represented Phillip Addison as counsel for the accused persons, why the defense team made references to Zakaria Yakubu aka Zakaria Forest, the 7th accused person in the application when they (defense team) were not representing him (Forest).

Mr. Akuffo replied that the defense team referred to Forest on legal constitutional grounds and not factual matters.

The accused persons could either be set free or asked to open their defense depending on the judge's ruling on Tuesday, March 22, 2011.

Defense counsel declared their intention to file 'Submission of No Case' after the prosecution failed on three occasions to present more witnesses.

The prosecution officially closed its case on November 5, 2010 and the court granted the request and asked them to file it by November 23, 2011.

However, just as the motion for 'Submission of No Case' was to be moved, the prosecution, on November 18, 2010, filed 'an application to re-open its case and tender recording through witness.'

The affidavit claimed that the sixth accused person in the case, Alhassan Braimah was recorded by one Moses Nsor, an ex-security officer who confessed that he (Braimah) killed the Ya Na.

As a result there was a prolonged argument as to whether the prosecution should be allowed to re-open the case to adduce additional evidence but the court on December 17, 2010 threw out the prosecution's application, saying they were in possession of the very evidence they are seeking to adduce but failed to bring it before closing its case.

All the other accused persons, except Zakaria Yakubu aka Zakaria Forest, the seventh suspect, who is currently at large, were in court.

They have all pleaded not guilty to conspiracy, with Forest (A7) facing an additional charge of murder.

They are currently in police custody, except Iddrisu Iddi aka Mbadugu, due to old age.

Those on trial are Iddrisu Iddi aka Mbadugu, Alhaji Baba Abdulai Iddrisu aka Zohe, Kwame Alhassan aka Achiri, Mohamadu Abdulai aka Samasama, Sayibu Mohammed, Alhassan Braimah and Alhaji Mohammed Habib Tijani, 45, former DCE of Yendi as second, third, fourth, fifth, sixth and eighth accused persons respectively.

The rest are Baba Ibrahim aka Baba Zey, Alhassan Mohammed aka Mohammed Cheampon, Mohammed Mustapha, Shani Imoro, Yakubu Yusif aka Leftee and Hammed Abukari Yussif and Abdul Razak Yussif aka Nyaa as 9th, 10th, 11th, 12th, 13th, 14th and 15th  accused persons respectively.

By William Yaw Owusu