A Circuit Court in Accra has ordered the Attorney General (AG) and the Inspector General of Police (IGP) to produce in court 12 persons nabbed over some disturbances in Bawku last Tuesday.
According to the court presided over by Mr. Emmanuel Essandoh, the AG and IGP are to produce the 12 suspects tomorrow January 5, this year by noon.
The court order came after the 12 suspects’ lawyer, Mr Martin Kpebu had gone to court over non-appearance of his clients in court after they had been arrested in Bawku and transferred to Accra.
The suspects had been charged with unlawful assembly.
Mr Kpebu held that his clients have been in custody for the past eight days, a breach of the 48-hour rule which mandates security officers to produce suspects in court after they have been arrested.
Defense Counsel held that there were no provisions in the law, which states that the AG must receive a motion for bail before a court grants bail to suspects.
Mr. Kpebu said an application for bail had been filed at the court and the processes have since been served on the IGP who is an agent of the Attorney General.
He explained that the bail processes have also been served on the AG.
Mr Kpebu noted that the matter before the court was not about a criminal offence but it was about the liberty of individuals who have been incarcerated for the past eight days.
Mr Frederick Adu-Gyamfi, an Assistant State Attorney (ASA) held that the state had been served with an order of the court dated January 1, this year and same has served on the IGP and a Police Commander.
He said, however, the state was unable to produce the suspects before the court as a result of circumstances beyond their control.
In the case of the AG, the ASA said the state has no knowledge of the receipt of the bail application.
He recounted if a court lacked the jurisdiction over a matter, it also lacked the capacity to grant bail.
The court, however, held that the IGP has not brought the suspects to court and the AG has also not given specific reasons for the accused non-appearance in court.
It held that its orders are given in respect of producing the accused persons in court, “still stands”
The 12 suspects were arrested by the Police and kept in detention for their alleged involvement in the Bawku Chieftaincy disturbances the broke out last Monday.
The alleged disturbances led to the loss of lives and the destruction of property.
There were reports of sporadic shootings in parts of Bawku Township prior to renewed clashes in an attempt to perform the final funeral rites of a chief who died about 41 years ago.
The suspects are Issahaku Barkin, Samuel Abdul Rahman, Seidu Mohammed Saani, Richard Amevor, Nantogman Kwami, Iddrisu Shaibu, Namaw Osman Nabia, Inusah Belko, Abdulai Nangdong Dana, Naa Tampuri, and Dr. Samuel Bugri.