A Fast Track High Court on Monday granted an ex-parte application to the state to arrest Private Seth Goka, one of the soldiers being accused for the death of Alhaji Issa Mobilla, former Northern Regional Chairman of the Convention Peoples Party (CPP).
Goka who is on the run, is currently being tried in absentia by the court.
When sitting resumed Monday, Ms Penelope Mamattah, Chief State Attorney who moved in the motion paper and supporting affidavit, prayed the Court to grant the prosecution an arrest warrant in respect of Goka, who is in Cameroon.
Ms Mamattah said there was information that "Goka is in Cameroon and on this information we are making diligent efforts to get him to come and stand trial.
"This we are doing through mutual legal assistance. We therefore pray the court to issue a warrant for his arrest so we can get him to stand trial."
Mr Thaddeus Sory, counsel for Corporal Yaw Appiah and Private Eric Modzaka, described the application as irrelevant.
According to Mr Sory, Goka was being tried in absentia hence there was no need for the application.
The court presided over by Mr Justice Senyo Dzamefe, obliged prosecution's application.
Meanwhile, the foreman for the seven-member jury is said to be absent.
A member of the jury told the court the foreman had presented an excuse duty to the court.
When cross-checked, it was found that the foreman had been given four weeks excuse duty by the Ghana Post Clinic which took effect from June 15.
The court therefore adjourned the matter to July 16. The soldiers, Corporal Yaw Appiah and Private Eric Modzaka and their accomplice, Private Seth Goka have been charged with conspiracy to murder and murdering Alhaji Mobilla.
Appiah and Modzaka have denied the charges and the Court has remanded them into Police custody.
Prosecution's case is that the deceased, until his death, was a transport owner and Chairman of the Northern Regional Branch of Ghana
Private Road Transport Union.
It said 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 sympathisers were mobilizing to free him.
The deceased was transferred from Police cells to the Kamina Military Barracks in Tamale and handed over to the three accused persons who
searched, undressed and put him in the guard room.
At about 2130 hours the same day, the Police received information that Alhaji Mobilla, aka Issah Mohammed, had collapsed and died in cells.