Two soldiers jailed over Mobilla’s death

An Accra High Court on Monday sentenced Corporal Yaw Appiah a soldier to 10 years imprisonment over his role in the death of Alhaji Issa Mobilla, former Northern Regional Chairman of Convention People’s Party (CPP) in the year 2004.

The court further sentenced in absentia Private Seth Goka, another soldier on the same offence to 20 years imprisonment. Sentences are to take effect from today.

This was after a six-member jury had returned a verdict of guilty on the charges of manslaughter on the two soldiers, during the trial.

It however acquitted and discharged Private Eric Modzaka another soldier after its ruling on a submission of no case filed for him and Corporal Appiah.

The three soldiers were put before the court on the charges of conspiracy to murder and murder.

Before sentence were handed down by Mr Justice Mustapha Habib Logoh, Mr Thaddeus Sory defence counsel prayed the court to consider the number of years Corporal Appiah had been in incarceration as well as the volatile situation at that time.

Mr Sory noted that Corporal Appiah was only taking instructions from his superiors “to deal” with the deceased to extract the truth from him although his client did not know what the truth was.

Handing down the sentence, the court said it took into consideration the general atmosphere when the incident occurred and the period Corporal Appiah had been in incarceration.

Delving into the matter the court said it was an established truth that Corporal Appiah took part in the beating of the deceased together with three or more soldiers.

Their actions, according to the court, were to extract the truth from the deceased who was brought to the Military Barracks looking healthy.

According to the court, the law made it clear to reduce a charge of murder to manslaughter in instances where a junior officer was acting on the instructions of the superior. In the case of murder, the court noted that could be established if the convict had the intent to kill a person.

In all, prosecution called nine witnesses to make their case.

Corporal Yaw Appiah and Private Eric Modzaka, who were facing two charges of conspiracy to murder and murdering of Mobilla, on December 9, 2004, denied the charges and were remanded by the court. Private Goka escaped after the incident.

The late Alhaji Mobilla was arrested by the police on December 9, 2004 for allegedly supplying the youth in Tamale with guns to foment trouble.

While in Police custody, the police claimed they received information that Alhaji Mobilla’s followers and sympathizers were mobilizing to free him.

The deceased was consequently transferred from police cells to the Kamina Military Barracks and handed over to the three accused persons.

The prosecution said Alhaji Mobilla died in military custody three hours after he had been handed over to the accused persons, who were on duty that day.

Report by a pathologist revealed that the deceased was sent to the hospital dead, and that he died from multiple wounds.

Source: GNA