Two soldiers who are being held for the murder of Alhaji Issah Mobilla, former Northern Regional Chairman of the Convention People's Party, have appealed against the decision of the Fast Track High Court barring them from obtaining the names and particulars of jurors to be empanelled in the case.
This was after Mr. Thaddues Sory, lawyer for the soldiers, informed the court on Thursday about the motion to stay proceedings filed before the Fast Track High Court.
Private Eric Modzaka and Corporal Yaw Appiah, both in lawful custody, are facing a charge of conspiracy to murder and murdering Alhaji Mobilla. Private Seth Goka, who is yet to be located, has also been charged with the death of Alhaji Mobilla.
The court is yet to take their pleas.
At the Fast Track High Court on Thursday morning, Mr. Sory drew the attention of the court to the notice of appeal filed before it.
Counsel contended that the appeal concerned the fundamental human rights of the accused persons, and prayed the court to stay proceedings.
Mr Edward Agyeman Duodu, Principal State Attorney, told the court that they had been served with notice of appeal, and had obtained a copy of the motion for stay of proceedings only two days earlier.
According to Mr Duodu, no date had been fixed for hearing at the Court of Appeal, stressing that it was likely to cause a delay in the trial.
The defence and prosecution after visiting the Registry of the Court of Appeal, informed the FTHC that February 1 and 3 had been fixed for hearing.
Subject to the decision of the Court of Appeal, the FTHC therefore fixed February 8, to commence trial. On December 17, this year the FTHC dismissed a directive to the Registrar of the Fast Track High Court to provide details and particulars of jurors to be empanelled for the trial of the alleged killers of late Alhaji Mobilla.
The FTHC in its ruling noted that if the motion was granted, jurors who were to be empanelled faced the risk of threat, insecurity and intimidation.
According to the court, it had not come across any rule directing the court to provide details and particulars of a jury.
"This is a novelty in our criminal jurisprudence," the court presided over by Mr. Justice Senyo Dzamefe ruled.
The court is yet to rule on whether or not the jury should be confined so that they are not influenced.
On December 9, 2004, Alhaji Mobilla 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 and followers were mobilising to free him.
The deceased was therefore transferred from police cells to Kamina Military Barracks and handed over to the three accused persons.
Three hours after Mobilla was handed over, he died.
A pathologist's report revealed that Mobilla was sent to the hospital dead, and that had died from multiple wounds.