By William Yaw Owusu
Tuesday June 29, 2010
Eight persons arrested by the ruling National Democratic Congress (NDC) government recently for their alleged involvement in the killing of Ya Na Yakubu Andani II, overlord of Dagbon were yesterday indicted by the Adjabeng District Magistrate Court in Accra.
The killing of the Ya Na in 2002 became a major campaign tool for the NDC in the run up to the 2008 general and even made it a manifesto promise to find the killers and prosecute them.
According to the NDC, its predecessor, the New Patriotic Party (NPP) did not do enough to prosecute those involved in the killing of the Ya Na and some of the late king’s elders.
Six of the eight suspects appeared before the court presided over by Ms. Patricia Quansah amid tight security at about 10:00 am yesterday.
They include Alhaji Baba Abdulai Iddrisu a.k.a Zohe, Kwame Alhassan a.k.a Achiri, Mohamadu Abdulai a.k.a. Samasama, Sayibu Mohammed, Alhassan Braimah and Alhaji Mohammed Habib Tijani, 45, former District Chief Executive of Yendi during the NPP regime as second, third, fourth, fifth, sixth and eighth persons respectively.
However, the first accused Iddrisu Iddi a.k.a Mbadugu currently on admission at the Police Hospital in Accra and Zakaria Yakubu a.k.a Zakaria Forest, the seventh accused person declared at large by the security agencies were not in court.
The presentation of the bill of indictment and summary of evidence of the case has now paved the way for a high court to try the accused.
When the case was called Ms Gertrude Aikins, Director of Public Prosecutions (DPP), prosecuting told the packed court “we are here for committal” but Mr. John Ndebugri, counsel for the Ex-DCE replied that “there is a problem with the indictment. The heading is wrong unless I am advised to the contrary.”
He said Section 182 (2) of the Criminal and other Offence Procedure Act was clear on how such a process should be titled.
Mr. Phillip Addison, counsel for Abdulai Iddrisu, Alhassan, Mohamadu Abdulai, Sayibu Mohammed and Braimah said there were errors on the document and there was no summary of evidence relating to the Ex-DCE.
Ms. Aikins then cut in to say “I am sorry it has to happen this way. I signed the document in the name of the High Court and the registrar of this court said he would not endorse it because that is not what is done here. These are petty technical errors which can be rectified.”
The court rectified the errors and asked the prosecution to go ahead with the committal. The DPP then read the facts of the case.
After the facts were read Mr. Addison in his reaction said “these are matters exhausted at the Wuako Commission. Nothing new has been said and we shall prove the innocence of the accused.
Mr. Ndebugri also said “if the commission’s report is the basis of this case then the prosecution has missed the road completely. They have lost their way.”
Ms. Aikins replied that “we have conducted further investigations on the basis of the white paper which was issued. It was the current Attorney General who authorized the police to start the investigation.
The judge then said “in the light of the bill of indictment and summary of evidence and in the opinion of the court the charges are maintainable. They are committed to the High Court for trial.”
Ms Aikins then tendered the statements taken form the accused persons by the accused to facilitate the preparation of the trial at the High Court.
Immediately, the court took the decision three other persons arrested by the police on Thursday in connection with the same case were also put in the dock to be tried.
They are Baba Ibrahim, Alhassan Mohammed and Mustapha Mohammed.
The court remanded them into police custody until July 7, 2010 to enable the prosecution to prepare their bill of indictment and summary of evidence for committal before a High Court.
The facts of the case as read by the DPP there are two Royal Gates to the Dagbon paramount skin called Andani and Abudu and succession to the skin has been on rotational basis.
However this system was disrupted in 1969 bringing about a protracted litigation between the two gates leading to the de-skinment of the Late Ya-Na Mahamadu Abdulai IV and the enskinment of the late Ya-Na Yakubu Andani II.
In February 2002, the celebration of the "Eidil Adha" festival brought about disturbances in Yendi and intelligence report indicated that arms had been smuggled into the township by both gates.
The District Security Committee (DISEC) imposed a curfew and placed a ban on the celebration of the Bugum (fire) festival. An approval of the imposition of the curfew was given by the Regional Security Council (REGSEC) on 23rd March 2002.
Whilst Abudu gate embraced the decision, the Ya-Na saw it as an affront to his position and on March 25, 2002 the Ya-Na Yakubu Andani II decided to invite his elders to the Gbewaa Palace by sending Ziblim Abdulai to call one Mbadugu, Dugu-Lana and whilst returning with Mbadugu, Dugu-Lana, he was attacked and assaulted by some Abudu Youths.
The attack was followed by sporadic shooting towards the palace later in the day and the attack on the Gbewaa Palace by the Abudus intensified in the evening leading to the death of some of the elders inside the palace.
About 30 people lost their lives with many others hospitalized for all kinds of injuries and the situation worsened on the subsequent days that is on 26th and 27th days of March 2002.
On March 27, 2002 the Gbewaa Palace fell to the Abudus. The palace was set ablaze and the shooting was intensified leading to many deaths and when some of the elders in the palace attempted to escape they were shot dead.
Zakaria Yakubu now at large was seen by witnesses in this case decapitating the Ya-Na Yakubu Andani II near a kraal, after he had been dragged there by Mahamadu Abdulai and one other now at large and Mohammed Habib Tijani the then DCE was deeply involved in the conspiracy.
After, Zakaria Yakubu had decapitated the Ya-Na, others now at large poured petrol on the king after putting used car tyres to set fire to the body.
Also see: www.dailyguideghana.com
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