Mohammed Habib Tijani, former Yendi District Chief Executive arrested for his alleged involvement in the murder of Ya Na Yakubu Andani II, and some of his elders in 2002 was on Wednesday remanded into Police custody.
An Accra Magistrate's Court did not take the plea of the accused charged with rioting, abetment of murder and murder.
Other accused persons charged with conspiracy and murder are; Iddrisu Iddi 76, Alhaji Baba Iddrisu Abdalla 54, Kwame Alhassan 53, Mohammadu Abdulai 57, Saibu Mohammed 34, and Alhassan Briamah, 40.
They would re-appear on June 28.
Ms Gertrude Aikins, Director of Public Prosecution (DPP) prayed the court to remand the accused person to allow further investigations.
Mr John Ndebugre, Counsel for Tijani said continuous incarceration of his client without being charged was an infringement on his liberty.
He pointed out that the prosecution was extending Police powers of arrest into the courtroom which contradicts the 1992 Constitution.
Mr Ndebugre said Article 14 (1a) of the Constitution clearly stated conditions under which a person's liberty could be curtailed.
He said if prosecution was not ready to proceed with the case the accused should be allowed to enjoy his liberty, because the State had no power to curtail the liberty of an accused person who had not been charged.
Ms Aikins said a close look at article (14) made provisions for accused persons to be investigated and this might be beyond the stipulated 48 hours being claimed by defence counsel.
She told the court that prosecution intended to substitute the charge sheet with a new one that would consolidate all the charges against the seven accused persons into one.
Mr Frank Addison, Counsel for the seven accused persons said even though on the bill of indictment there were seven names only six were
mentioned.
He expressed concern about the continuous detention of his clients when they had not been properly charged and their pleas taken.
Mr Addison said their detention was against the constitution while the liberty of the accused persons are at stake.
Ms Aikins responding said the seventh accused Zachariah Yakubu was at large and efforts are being made to arrest him.
She promised to ensure that at the next sitting all the accused persons are indicted for committal to stand trial at the High Court.
It would be recalled that in March 2002, Ya Na Yakubu Andani II, and some of his elders were killed following a clash between the two royal gates in Dagbon, Abudus and Andanis.
After the clash, Idrissu Janfo and one Sugri were arrested and put before an Accra Fast Track High Court for the alleged murder of the Ya Na and some of his elders, but were acquitted and discharged.
Government and security agencies in a fresh attempt to find the murderers conducted a dawn swoop at Yendi during which 41 persons were
rounded up.
After screening them in Bimbilla, 33 were granted self recognisance bail, while the rest were escorted to Accra and put before the court.