4 Ya Na 'Killers' Freed

FOUR OUT of the ten suspects hauled before an Accra Magistrate Court in connection with the murder of Ya-Na Yakubu Andani II, the Overlord of Dagbon, will soon be released by the Attorney-General (A-G).

This was disclosed by Rexford Wiredu, a Chief State Attorney at an Accra Fast Track High Court Human Rights Division where the accused persons, Iddris Iddi aka Mbadugu, Alhaji Baba Abdulai Iddris, Kwame Alhassan, Yidana Sugri, Mohammed Kojo, Mohamadu Abdulai, Seid Ahmed, Yakubu Mohamadu, Alhassan Braimah and Abubakar Mahama, took the state to court for detaining them for more than two weeks without properly charging them.

Even though the names of the accused persons who are from the Abudu Gate of the Dagbon Chieftancy divide were not disclosed, they are expected to be released this morning at the Magistrate Court.

Justice U.P. Derry, the trial Judge at the Human Rights Court,  granted Yidana Sugri, the only person charged with unlawful military training, a GH¢ 10,000 bail with one surety while he refused the others bail on grounds that Section 96 of the constitution refuses “bail for  murder suspects.”

Giving reasons for granting Mr. Sugri bail, the judge said he saw nothing in the facts presented at the Magistrate Court justifying his continuous detention.  

According to him, the accused persons were arrested on April 10, 2010 and arraigned two days later, so one cannot say “the trial has suffered unreasonable delay”, and noted that the A-G had indicated that the bill of indictment and summary of evidence had been prepared so the accused persons would soon be charged.

Mr. Rexford Wiredu also told the court that the accused persons had been indicted and efforts are being made to take them to a High Court for trial to begin.  

Apart from Mbadugu who is said to be on admission at the police hospital, all the accused persons were in court.

Counsel for the accused persons, Ata Akyea, in his submission on the last hearing date, said the trial Judge at the Magistrate Court was led to believe that it was murder trial, and said it was not within her jurisdiction to grant bail to the suspects who are also the applicants.

According to him, instead of stating in the facts the offence which links the accused persons to the offence, Gertrude Aikins, the acting Director of Public Prosecution (DPP) read the history of the dispute between the Andanis and Abudus and stated other things like the Fire Festival, adding that it was only at the end she stated that Mr. Sugri was arrested but later freed for lack of evidence.

Counsel for the accused said the reason given by the DPP that the applicants would interfere with investigations was not tenable because there was no way nine persons could succeed in interfering with investigations being conducted by the National Security.

In addition, Mr. Akyea said the case of Yidana was particularly disturbing because he was tried but acquitted, and discharged for lack of evidence, so he does not have to “suffer double jeopardy”, and noted that until that there was committal, the case would not be deemed a murder trial.

Furthermore, he said the case where the state arrests people and puts them in custody before demanding their cooperation was unjustifiable because it is like asking the court to be given the opportunity to experiment with the lives of individuals.

Describing the case of the suspects as “justice sitting upside down”, he prayed the court to grant the accused persons bails.

After the hearing, the accused persons, amidst tight security, were escorted to a police Black Maria van while family members who came to show their support, brought placards which read 'Arrest Andani Criminals Too', 'This Is a Biased Trial',  'No Bail, No Peace In Dagbon', among others.

By Fidelia Achama