The suspects leaving the court house after their freedom.
Posted on: www.dailyguideghana.com
By William Yaw Owusu
Friday April 1, 2011
Saturday October 4, 2008, then opposition National Democratic Congress (NDC) launched its manifesto at the Trade Fair Site, Accra for election 2008.
At page 34 of the manifesto titled: “A better Ghana – Investing in people, jobs and the economy” and with sub-title “Protecting the people”, the NDC promised among other things to “Set up a new and truly non-partisan and independent Presidential Commission to re-open investigations into the murder of Ya Na Yakubu Andani II and his elders in March 2002.”
The NDC also used the issue of the late Ya Na very much in their campaign to win more seats in the Northern region and later ultimate political power in the 2008 general elections. NDC founder and former President Jerry John Rawlings was very vocal over the Ya Na issue.
Saturday April 10, 2010, children of the late Ya-Na Yakubu Andani II, issued an ultimatum to the National Democratic Congress (NDC) government to find the killers of their late father within two months or face relentless demonstrations. This was at a lecture they organized in Tamale in memory of the late king.
On Sunday April 11, 2010, the security agencies started arresting those suspected to have killed the Ya Na. All those picked up were from the Abudu Gate in the Dagbon Chieftaincy dispute. About 41 people were arrested in Yendi at a dawn swoop by the combined team of police, military and National security.
On Monday April 12, 2010, the suspects were brought to Accra from the Northern Region and detained in various police stations after screening them in Bimbilla in the Nanumba North District of the Northern Region.
In May 2010, the accused were still in police custody without any trial.
In June 2010, Mohammed Habib Tijani, former District Chief Executive of Yendi during the erstwhile NPP regime was arrested at Ghana Institute of Management and Public Administration (GIMPA) where he was pursuing further studies.
Monday June 14, 2010, Alhaji Tijani, 45 appeared before the Adjabeng District Magistrate Court in Accra and was remanded into police custody. The charges preferred against him were not read in court.
Monday June 28, 2010, Alhaji Baba Abdulai Iddrisu aka Zohe, Kwame Alhassan aka Achiri, Mohamadu Abdulai aka Samasama, Sayibu Mohammed, Alhassan Braimah together with Tijani all appeared before the Magistrate Court. Iddrisu Iddi aka Mbadugu (on admission at the Police Hospital in Accra) and Zakaria Yakubu aka Zakaria Forest, declared at large by the security agencies were those who could not attend court.
On the same day, Yakubu Yusif aka Leftee is also brought to the court by the police but the prosecution realized that his name was not listed on the Bill of Indictment. The prosecution then sought an adjournment.
The court presided over by Ms. Patricia Quansah then indicted the other accused persons brought together with Leftee to be tried at a High Court at the request of the prosecution led by the Director of Public Prosecutions (DPP) Ms. Gertrude Aikins.
Wednesday July 7, 2010, more suspects were hauled before the court. Baba Ibrahim aka Baba Zey, Alhassan Mohammed aka Mohammed Cheampon, Mohammed Mustapha, Sani Moro, Yakubu Yusif and Hammed Abukari Yussif were sent to Adjabeng District Magistrate Court to be indicted for a High Court, bringing to 14, the number of those penciled to stand trial.
Thursday July 15, 2010, the suspects were formally indicted to be tried by a Fast Track High Court presided over by Justice Anthony Oppong.
Tuesday August 17, 2010, all was set for the much-talked-about trial but Rexford Wiredu; a Principal State Attorney told the packed court that the Attorney General intends to raise an objection because they suspected the trial judge, Justice Oppong of bias.
Ebo Barton-Odro, Deputy Attorney General spoke on radio to claim that they have an audio recording of Justice Oppong vowing to throw out the case should he (Judge) be asked to handle it but the tape was never played.
On Monday August, 24, 2010, the case was called but Justice Oppong declined (recuse) to sit on it. He said following the threats by the Deputy Attorney General, he did not feel safe in the country. He described the Deputy AG’s actions as “useless propaganda”.
Thursday September 9, 2010, the case resumed with Justice EK Ayebi of the Court of Appeal as the new trial judge. All accused persons except Zakaria Forest at large were in the dock. They all pleaded not guilty to conspiracy to murder but Zakaria Forest faced additional charge of murder. Andani and Abudu youth clashed in court on that day but heavy police presence prevented full scale violence.
Monday September 13, 2010, prosecution called Abukari Amadu, an employee of the First National Savings and Loans Limited in Tamale as its first witness. (He was at the Wuaku Commission).
Tuesday September 14, 2010, Ziblim Abdulai testified as the second prosecution witness (PW2). (He was at the Wuaku Commission).
Wednesday September 15, 2010, Wuaku Commission Report (The body set up by President John Agyekum Kufuor to investigate the entire Dagbon conflict which led to the murder of the Ya Na and his elders) held up the trial. Imrana Saibu, the third prosecution witness had mounted the witness’ box. The prosecution insisted that the defense team could not make references from the Wuaku Report to cross-examine Saibu because the report was not in evidence but the defense said they could do so because it forms the basis of the whole trial. Court overruled prosecution’s objection.
Friday September 17, 2010, trial court ruled that the Wuaku Commission Report was relevant to the trial and that defense counsel should take steps to authenticate the report before being tendered in evidence. Prosecution shocked the court when it said the AG’s Department did not have copies of the Wuaku Report.
Monday September 27, 2010, court accepted the Wuaku Commission Report as exhibit after it was authenticated saying the defense was able to comply with Section 162 (b) of the Evidence Decree (Act) and the prosecution had provided no document to contradict what defense counsel was seeking to tender in evidence. Saibu is then cross-examined by Philip Addison, lead counsel for the defense.
Tuesday September 28, 2010, Alhassan Yakubu aka Nat testified as the Fourth Prosecution Witness (PW4). (He was at the Wuaku Commission).
Wednesday September 29, 2010, fifth Prosecution Witness (PW5) Yakubu Mahama aka Puu Mahama, a security man at Tamale VAT office testified. (He was at the Wuaku Commission).
Monday October 4, 2010, the sixth Prosecution Witness (PW6) Iddrisu Mutawakil testified (He was at the Wuaku Commission).
Tuesday October 5, 2010, the Seventh Prosecution Witness (PW7), Wumbei Binchera testified. (He was not at the Wuaku Commission).
Wednesday October 6, 2010, prosecution failed to bring a witness to court.
Friday October 8, 2010, former accountant at the Yendi District Assembly, Alhaji Mustapha Imoro, testified as the eighth prosecution witness (PW8). (He was not at the Wuaku Commission).
Tuesday October 12, 2010, the ninth Prosecution Witness (PW9) Mohammed Achana Abdul Salaam aka Red, a labourer at the Survey Department in Tamale who claimed to be the Ya Na’s bodyguard testified. He was not a Dagomba but admitted he fought in defense of the Ya Na. He was the one who used the G3 weapon. (He was at the Wuaku Commission).
On Wednesday October 13, 2010, Brigadier General Dr. Jaswant Mante Wadhwani (Rtd), the pathologist who performed autopsy on the body believed to be that of the Ya Na testified. (He was at the Wuaku Commission).
On Thursday October 14, 2010, the prosecution failed to re-examine Dr. Wadhwani as promised.
On Monday October 18, 2010, the prosecution could not decide on which of the investigators, Detective Inspector Augustus Nkrumah and Detective Inspector Charles Adaba could give evidence so case was adjourned.
On Tuesday October 19, 2010, Detectives Nkrumah and Adaba gave separate testimonies.
On Monday October 25, 2010, prosecution brought to court boxes containing audio and video recordings of proceedings of the Wuaku Commission which they had earlier on denied its existence. Court could not continue with the trial because there were no witnesses.
On Thursday
October 25, 2010, prosecution failed to bring witnesses as promised.
On Wednesday October 27, 2010, the prosecution for the second time failed to bring more witnesses as promised.
On Tuesday, November 2, 2010 the prosecution for the third time failed to bring more witnesses as promised.
November 5, 2010 prosecution finally closed its case and the defense indicated to the court that the accused persons intended to file submission of no case. The court then ordered the registrar to make available to the defense all the proceedings of the trial before November 12, 2010.
On Tuesday, November 23, 2010 just as defense counsel was to move application for Submission of No Case, the prosecution made fresh application to have the case re-opened to enable them to call more witnesses because they claimed one Moses Nsor aka Atia has audio recordings of the sixth accused person (Alhassan Braimah) confessing to have killed the Ya Na.
On Monday November 29, 2010 prosecution moved motion to have the case re-opened to enable them to call more witnesses.
On Monday December 6, 2010 defense opposed an application by the state to re-open the case to enable them to call more witnesses.
Wednesday December 8, 2010 the case could not be heard as scheduled because the machines used in recording the proceedings developed faults.
On Friday December 10, 2010 the instruments used to record the proceedings could not be fixed.
On Monday December 13, 2010 defense counsel moved a counter motion to stop the state from re-opening the case.
On Friday December 17, 2010 court dismissed the application to allow the prosecution to re-open the trial because the evidence they were seeking to lead would contradict the evidence led so far. The court said the evidence the prosecution was seeking to lead had no probative value and that the police knew about the existence of the said recording long before the prosecution closed its case judging from the documents filed by the prosecution to have the case re-opened.
On Monday January 31, 2011, defense counsel finally filed a written ‘Submission of no case’ application to have the case discontinued for lack of evidence against the accused.
Thursday F
ebruary 24, 2011, prosecution filed their written motion to oppose the ‘Submission of No Case Application’ filed by the accused persons.
On Friday March 4, 2011, the court fixed a definite date for ruling on whether or not the accused persons have a case to answer.
On Tuesday March 22, 2011, there was no show at the trial as the judge who was expected to deliver the ruling on the ‘Submission of no case’, said he was not ready. The accused persons were not brought to court either.
On Tuesday March 29, 2011, the court acquitted and discharged all the 15 accused persons including Zakaria Forest, still at large because the prosecution failed to establish a case beyond reasonable doubt against them.
In all, 12 prosecution witnesses (two police investigators - initial and current - the pathologist who performed an autopsy on the charred remains believed to be that of the Ya Na as wells as nine others all from the Andani Royal Gate) testified in the trial.
The defense team was comprised of Philip Addison, Ata Akyea, Kwame Akufo and Abukari Yakubu while Ms. Aikins, Mr. Wiredu and Solomon Atadze both Principal State attorneys handled the case at different stages of the trial.
No comments:
Post a Comment