Two accused persons on trial for their alleged
roles in the murder of the former Northern Regional Chairman of the Convention People's Party, Alhaji Issah Mobilla, were on Thursday taken into prison custody following an order by the presiding judge.
Mr Justice Senyo Dzamefe ordered the investigator to take the two - Corporal Yaw Appiah and Private Eric Modzaka - into prison custody at the end of Thursday's hearing when they were brought to court by military escorts.
Mr Justice Dzamefe expressed displeasure at the failure of the military to hand over the two accused persons into prison custody as he ordered at the last sitting and quizzed the military escorts why the order had not been carried out.
They responded that they duly informed their superiors about the court's order and they started the processes needed to carry out the order.
"Does that mean if you have not finished those processes, you will not obey the court's order? I'm sorry you will not take them back today," said the judge.
Mr Thaddeus Sory, Counsel for the defence, told the court that he had filed an application at the Appeal Court to quash the order, which was given by the Tamale High Court.
The court, however, maintained that the accused persons be put in prison custody until a higher court ruled to either vary the order or to
completely set it aside.
Ms Penelope Ann Mammata, Chief State Attorney, had alleged that she heard defence counsel telling the escorts after hearing at the last adjourned date not to mind what the court had said and to bring them to court.
"After the adjournment that day, I heard counsel telling the soldiers 'Don't mind him, he can't do anything.'"
Mr Sory, however, denied it and said if it were true, Ms Mammata should have told someone there who would have corroborated her allegation.
Although the court was to rule on whether or not the case was a fresh one and whether or not the trial judge could continue to hear the case with the old juror, the prosecutor said she had not received the affidavit in opposition filed by defence counsel.
Justice Dzamefe adjourned the matter to January 19, 2011 for ruling.
He is to rule on three main issues: whether it is a fresh case since a new jury was empanelled after one juror fell ill; whether the trial judge could continue to hear the case since he has been elevated to an Appeal Court judge; and whether the old juror should be reinstated for the trial to continue since the prosecution has already called seven witnesses with only one left.
The accused persons Corporal Yaw Appiah and Private Eric Modzaka and their accomplice, Private Seth Goka, have been charged with conspiracy to murder and murdering Alhaji Mobilla.
The state is yet to arrest Private Goka, who is on the run.
The prosecution's case is that the deceased, until his death, was also a transport owner and Chairman of the Northern Region Branch of Ghana
Private Road Transport Union.
On December 9, 2004, the deceased was arrested by the Police for allegedly supplying the youth in Tamale with guns to foment trouble.
While in custody, the Police allegedly received information that his sympathizers were mobilizing to free him.
The deceased was transferred from police cells to Kamina Military Barracks in Tamale and handed over to the three accused persons who searched and undressed him and put him in guard room.
At about 2130 hours on the same day, the police received information that Alhaji Mobilla, aka Issah Mohammed, had collapsed and died in Military cells.