The Adjabeng District Court in Accra has dismissed an application for bail filed by two of the lawyers of the 25 persons that are standing trial over the murder of Nii Tettey Saban at Ardeyman, near Adjen Kotoku.
According to the court, presided over by Isaac Addo, the district court does not have the jurisdiction to grant bail in murder cases.
The judge emphasized that the court only conducts committal proceedings after it had been furnished with the Bill of Indictment by the State.”
He argued that without the bill of indictment, the court could not determine whether or not a prima facie case had been made against the accused persons.
He stated that even at the high court, it was only one of the accused persons-Frank Okine, who was granted bail because he had a serious eye problem.
Mr. Ansah, as a result, dismissed the application for bail.
Suspects
The suspects are Asafoatse Neequaye Kortey aka Cobra, carpenter; Musa Mohammed aka commander, scrap dealer; Rahim Yakubu aka Sulley, cattle Drover; James Laryea, businessman; Michael Akumeh, labourer; Prince Kwesi Boateng, musician and Dzaatse Nii Okai-Kiofio, a retired civil servant.
Others are David Sampah, student; Solomon Attoh, unemployed; Abel Bortey, mason; Abraham Ofori, labourer; Emmanuel Aryee, motor rider; Enoch Attoh, carpenter and Ezekiel Nii Ayeequaye Tetteh, motor rider.
The rest are Eric Aryeequaye Armah, motor rider; Frank Okine, electronics engineer; Derrick Kwabena Mensah, mason; Prince Okine, trader; Joseph Oblitey Commey, Nathaniel Ayah – both farmers, Henry Crenstil aka Ajayi, goldsmith, Kwabena Otchere Baah Evans aka Asafoatse, Patrick Nii Otu Doodo, aka Soldier and Francis Saviour Dzidzor.
According to the prosecutor, Inspector Gregory Yeboah, the accused persons on June 8, this year conspired to murder and caused the death of Nii Saban.
It said Nii was reportedly chased and shot to death at close range by the accused persons during traditional rites to lift the annual ban on drumming and noise making.
All the 25 have been slapped with an additional charge of attempted murder of one Kojo Richard and Jonathan Aryeetey.
Cobra is facing another charge of possessing firearms without lawful authority.
The pleas of the accused persons have not been taken and have been remanded until July 26.
Bail
Stephen Asante, lawyer for Joseph, said they had filed for alibi with the police, which was currently under investigation.
He said his client ought to be granted bail while investigation of the alibi continued, adding that “I want to draw the attention of the court to the fact that now in Ghana, no crime is unbailable.’
Mr Asante argued that at the committal proceedings stage, it was the duty of the district court to ascertain if a prima facie case had been made against the accused persons.
He noted that the court had been empowered to take further steps if a prima facie case was made against the accused persons.
Asante explained that the court had the power to discharge the accused persons if no case had been made against them.
Samuel Bosompem, lawyer for Otchere Baah, who shared the sentiments of Lawyer Asante, indicated that although murder is a serious offence, the issue of bail and remand must be looked at as separate issues.
The accused persons chased Nii Saban, who had reportedly entered the room of one Auntie Yaa Kaah for safety, killed him and dumped his body in another room and bolted.
Nii was rushed to the Police Hospital where he was pronounced dead on arrival.
A post-mortem examination conducted on the deceased revealed the cause of death as hemorrhagic shock and near traumatic amputation of the left leg.
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