The Circuit Court in Accra has ruled it does not have jurisdictions to grant bail to the 12 accused persons allegedly involved in the Bawku chieftaincy disturbances.
The accused persons who appeared before the court for the first time after missing January 1 and 4 sittings were on a provisional charge of unlawful assembly.
Ruling on a bail application moved by the lawyers of the accused, the court said, the matter before it, bothers on “fundamental human rights and it is only the High Court that has jurisdiction.”
The accused persons 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 .
The accused persons were arrested last Tuesday following a renewed chieftaincy clash in Bawku which led to the loss of lives and the destruction of property.
Sporadic shootings were recorded in parts of the town prior to the renewed clashes following attempts to perform the final funeral rites for a chief who died about 41 years ago.
Kpebu’s arguement
It was the case of lawyer Martin Kpebu that, keeping the accused persons beyond nine days constitute a breach of Constitutional provision of Ghana.
He argued that, the action of the prosecution amounted to the Constitution being thrown to the dogs.
He told the court that, Richard Amevor, is a trotro driver and was only arrested because some of the people joined his car. He said, he is not an indegine of Bawku.
Namaw Osman Nabia, the only female among them, counsel said has young children lactating and that her role in the whole matter was not defined.
For Seidu Mohammed, counsel argued that, he is an agricultural extension officer and a student of UCC and he only took advantage of the military escort and was arrested.
Dr Bugri, according lawyer Martin Kpebu, is a retired medical officer who is over 80 years and detaining him for nine days means they want to take small life out of him.
AG opposition
Opposing to the application for bail, Vivian Osei Tutu while relying on the processes filed argued that, the matter has been filed at the High Court on December 30, last year.
According to her, once the High Court has been ceased with the matter, the Circuit Court lacks capacity in any way to deal with the case.
It was the submission of the AG that the matter happened in Bawku in the Upper East Region and that the Circuit Court lacks jurisdiction to deal with the case.
She argued further that, though the accused persons have been held beyond 48 hours, proper court is required to deal with the matter.
She contended that, the accused persons will not appear to stand trial when granted bail and that, the offense they committed was done when there was an imposition of a lawful curfew and a restraining order from court for them not to organise the funeral of the late chief.
Court Correspondent Murtala Inusah reports that, the plea of the accused persons were not taken.
Scores of relatives, chiefs and elders from Bawku thronged the court amidst heavy police presence.
Source: Ghana/Starrfm.com.gh/Murtala Inusah
