Hebeas corpus application struck out

The application against the Inspector General of Police (IGP), the National Director of Bureau of National Investigations (BNI) and the Brong Ahafo Region Police Commander at the Sunyani High court was on Wednesday struck out by the court following the withdrawal of the application by Nana Obiri Boahen, counsel for the applicants.

The application was withdrawn based on the submission of certified copy of court proceedings to justify the arrest and detention of the applicants, Yidana Sugri (alias Red) and Jahinfo Iddrisu Pachi.

They were put before the Community Centre District Court in Accra, presided over by Mrs Elizabeth Edusei. The two applicants have been arraigned for their alleged complicity in the murder of Ya Na Yakubu Andani II on 27 March.

Justice F. Kusi Appiah, Supervising High Court Judge in Sunyani, in his ruling stated that the court was satisfied the applicants had been duly arraigned before a court of competent jurisdiction.

He said the state had justified that the applicants were in lawful custody, the application withdrawn so the court had to strike the application out. Justice Appiah ruled that due to the sensitive nature of the case the court would not award cost to any of the parties.

Nana Boahen earlier told the court that the document served him was a presumption of custody of his clients, stressing that, they were in lawful custody. Counsel however, said in the foreseeable future whenever an enquiry concerning a case of the sort is made the authorities must respond promptly.

He said when he learnt of the arrest of his clients he wrote to the IGP per Expedited Mail Service (EMS) but no response was given to that enquiry. Nana Boahen said at the moment, bail was only possible for his clients in Accra that "I am going to peruse there for them."

Counsel therefore, said having regard to the justification of the incarceration of his clients he had withdrawn the application. "If the IGP and others had reacted, we would not have filed the application and gone through all these processes in court.''

Yidana and Jahinfo who were brought to court from custody in Accra under heavy Police guard were taken back after the court had struck out the case. The Sunyani High Court on 28 November ordered the IGP, the BNI and the Greater Brong Ahafo Regional Police Commander to produce Yidana and Jahinfo following the granting of an order of habeas corpus filed by Nana Boahen, their solicitor.

The two had been arrested about three weeks earlier in Tamale and flown to Accra and placed in Police custody for their alleged involvement in the murder of the Ya-Na.