Mobila Judge Quits
Justice Senyo Dzamefe, the Fast Track High Court Judge hearing the case of the alleged murder of Alhaji Issa Mobilla, former Convention Peoples' Party (CPP) Northern Regional Chairman, by two soldiers and their alleged accomplice at large, yesterday shocked the court when he suddenly announced that he was withdrawing from the case.
Justice Dzamefe, who was recently elevated to the Court of Appeal, said he would adjourn the case sine die and refer it to the Chief Justice for further directions.
He accordingly dismissed the seven-member jury which was on Monday sworn in for the trial to start.
The case had to start afresh following the ill-health of one of the jurors. The judge, after a couple of adjournments, replaced the indisposed juror and the jury was sworn in afresh, with the prosecution saying it was ready with the first witness for the trial to be heard expeditiously.
This was after Thadeus Sory, counsel for the soldiers, Corporals Yaw Appiah and Modzaka Eric, raised objections questioning the judge's impartiality to administer justice to his clients, as one of them had complained that he feared they might not get justice.
Mr. Sory said the case has been prioritized because the National Democratic Congress government, even before coming to power, had promised to give priority to the trial of the suspects.
He noted that the fact that the judge quickly substituted the indisposed juror, without substituting him in other cases in which he was involved as juror, showed that indeed the case was being given priority as promised.
Defence counsel said he had not been informed that the Chief Justice had given the judge any green light to start the matter as a fresh case.
Mr. Sory also said that the elevation of the judge to the Court of Appeal meant that the case, which could not be described as a partly heard one, should have been directed to the Chief Justice for a decision to be taken on the trial as the judge was no more a High Court Judge.
He noted that till that was done, the court could not be said to be properly constituted in accordance with Article 139 (1) of the 1992 Constitution, adding that the judge “had no jurisdiction to hear the matter.”
Penelope Ann Mamattah, the chief state attorney in the case, however said she did not think the case was new even though it was starting afresh.
The accused persons were on Monday charged with conspiracy and murder and they pleaded not guilty to the offences.
The facts, as stated by the prosecution, are that the deceased, Issah Mobilla, was the chairman of the CPP and a transport owner who owned a fleet of buses and lived in Tamale.
In December 2004, Mobilla was arrested and detained by the police in connection with the supply of guns to help foment trouble in the area.
According to the facts, he was later transferred on the orders of the Northern Regional Security Council to the Kamina Barracks, a military base in Tamale, following a tip-off that his supporters were said to have been mobilising to raid the police station and free him.
It noted that at the barracks, the accused persons, who were in charge of Mobilla, searched, undressed and locked him up. The prosecution said Mobilla died three hours later.