All 12 suspects who were expected to appear before a circuit court in Accra over their involvement in the renewed tribal conflict between Kussasis and Mamprusis in Bawku were absent.
On January 1, 2022 when the case first came up in court, the suspects were not produced. The case was thus adjourned to today January 4, 2022, but the suspects were not brought before the court again.
Sporadic gun battle on the morning hours of Monday December 27, 2021 resulted in loss of lives and property with scores battling gunshots injuries.
The renewed conflict is said to have been ignited following plans by the Mamprusi divide to perform the funeral rites of one Alhaji Adam who died some 41 years ago. The overlord of Nayiri [the traditional home of Mamprugu] in 2011, wrote to the Bawku Municipal Assembly seeking security protections to perform the said funeral rites, but the municipal security council cited legal and security concerns as it declined the request.
In court today, Assistant State Attorney, Frederick Adu-Gyemfi told the court that, they could not produce the accused persons due to circumstances beyond their control.
“Your Honour, the Republic has been served with the orders of the court on Jan 1. The order was served on IGP and due to circumstances beyond our control, we are unable to produce all accused before the court this afternoon,” he told the court.
He explained that, “steps are being taken to ensure that, the orders of the court are complied with,” he noted.
On an application for bail moved by the suspects through the lawyers, he said, “Unfortunately, we understand there is a bail application and the Republic has not been served and it’s Unfortunate the bail has been moved when the Republic has no knowledge.”
Citing Marfo vs the Republic, lead counsel for the suspects, Martin Kpebu said no provision is contained in Act 30, that AG be served before bail is granted. He said, the AG declined to be served and “the police are your agents and we took a copy and met DSP Nketia and we showed him a copy. This is not Unfortunate, if you need time, he should tell the court.”
The court presided over by Her Honour Emmanuel Essandoh ordered that, the suspects should be produced before the court tomorrow, Wednesday, January 5, 2022.
Mr. Kpebu in a telephone interview stated that “the state’s refusal to bring the suspects good eight days on, is a big constitutional breach that we think should be stopped now”. He was however hopeful that his clients will be freed tomorrow.
The suspects are: Issahaku Barkin, Samuel Abdul Rahman, Seidu Mohammed Saani, Richard Amevor, Nantogma Kwami, Iddrisu Shaibu, Namaw Osman Nabia, Inusah Belko, Abdulai Gboo, Abdulai Nangbon Dana, Naa Tampuri and Dr Samuel Burgri are expected to face charge including unlawful assembly.
Source: mywordfmonline.com Gaspard Ayuureneeya