The Judicial Council has appointed a new Judge to
preside over the Ya Na Yakubu Andani's murder trial.
A statement issued in Accra on Monday and signed by Mr Justice Alex B.
Poku-Acheampong, Judicial Secretary said the case had been transferred to another judge for adjudication.
It said "Following the decision of Mr Justice Anthony Oppong to excuse himself from sitting as the trial Judge in the case; Mr Justice William Atuguba in his capacity as the Chief Justice, has on August 24, 2010 transferred the case to Mr Justice E.K. Ayebi, an Appeal Court Judge sitting as an additional High Court judge at the Fast Track High Court to deal with
it till conclusion thereof".
"This is by virtue of the powers conferred on him by Article 139 (1) (C) of the 1992 Constitution and by Section 14 (1) (C) of the Courts Act 1993 (ACT 459), which state that the Chief Justice may, by writing signed by him, request any other Justices of the Superior Court of Judicature or Chairman of Regional Tribunals to sit as High Court Justices for any period," it added.
It would be recalled that Mr Justice Oppong, a High Court Judge, presiding over the case on Monday, August 23, declined adjudication.
He, therefore, called on Chief Justice, Mrs Justice Georgina Wood to transfer the case from his court "because he does not feel safe to handle
the case".
The presiding judge said the recent pronouncement by Dr Kwabena Adjei, National Chairman of the National Democratic Congress (NDC) on the Judiciary, politicization of cases as well as the public perception about the Judiciary were some of the reasons why he declined adjudication.
Fourteen accused persons are on trial for their alleged involvement in the murder.
They are Mohammed Habib Tijani, Former Yendi District Chief Executive, Iddrisu Iddi, 76, and Alhaji Baba Iddrisu Abdalla, 54.
The others are Kwame Alhassan, 53, Mohammadu Abdulai, 57, Saibu Mohammed, 34, Alhassan Briamah, 40, Sani Moro, and Mohammed Abukari Usifu.
The rest are Baba Ibrahim, (aka Baba Zey), Alhassan Mohammed (aka Mohammed Champion), Mohammed Mustapha, Yakubu Yusif (aka Leftee), and
Zakaria Yakubu (aka Zakaria Forest), who is on the run.
Mr Justice Oppong said "the past few days have been the dark period in his 10-year career as a judge because of weird and unmeritorious accusation of bias against him".
He said he took a judicial notice of a news item on the airwaves accusing him of being a drunkard and allegedly discussing the case at a
drinking spot.
Mr Justice Oppong denied the allegations and challenged his accusers to provide the evidence or render an apology to him.
He pointed out that the case before the court was not an NDC issue because staff at the Attorney General's Department, were not NDC activists and should see themselves as professionals and employees of the state.
Mr Justice Oppong explained that the case before the court was a jury trial.
At the court's sitting on Monday August 16, Mr Rexford Wiredu, Principal State Attorney, prosecuting objected to the trial judge, Mr
Justice from sitting on the case.
He objected on the grounds that the judge would be bias to the prosecution.
Mr Justice Oppong, commenting on the objection asked the prosecution to formally file an application to the court to state their protest.
He said after prosecution had submitted its objection, the court would ask the defence to file their motion on the matter before giving a ruling.
It would be recalled that sometime in March 2002, the late 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 Sugri were arrested and put before an Accra Fast Track High Court for the murder but were acquitted and
discharged.
Government 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.