Defence challenges court jurisdiction in secessionist trial

An Accra Circuit Court is set to give its ruling on whether it has the power to hear the case in which 32 suspected secessionists have been arraigned before it.

The court is expected to give its ruling on the matter on December 9, 2020.

The judge, Rosemond Baah Tosu, has directed the defence counsel to file its submissions on its concerns about the court’s jurisdiction before the adjourned date.

This was after lawyers for the suspected secessionists raised objections about the jurisdiction of the court regarding the matter. It was the case of the lawyers that some of the charges including treason felony is an indictable offence and should not be heard at the Accra Circuit Court.

By law, offenders are first supposed to be put before the district court where after committal, the accused persons are put before the High Court, presided over by a judge and a jury to face trial.

The defence team urged the court to strike out the two counts – conspiracy to treason felony and treason felony.

“If you look at the charges, the appropriate court would be the district magistrate court. To bring them here is not only an anomaly but to curtail their freedom. The court can strike out the first two counts so it goes to the appropriate court,”one of the defence lawyers, George Asomani, said.

It was the case of the defence team that a criminal case which is being tried on indictment should not be brought before the High Court or Circuit Court unless it has previously been brought before a District Court and the accused person has been committed for trial to the High Court or Circuit Court as the case may be.

“Our second observation is that the prosecution has made it a point to come before you on every adjourned date asking the accused persons to be remanded and nothing more,” Mr Asomani, one of the lawyers pointed out.

According to the defence team, the position of the prosecution is to infringe on the fundamental human rights of the accused persons and also abuse the court processes.

This is the third time both the prosecution and defence team have raised concerns about the jurisdiction of the court to hear the secessionists case.

The prosecutor, Assistant Superintendent of Police (ASP) Slyvester Asare on several occasion has fallen on the matter of jurisdiction when it wants the court to remand the accused persons.

The prosecution argued that the court does not have jurisdiction over the matter so cannot grant the accused persons bail.

The counsel for the accused persons includes Theophilus Donkor, Kingsley Kwesitsu and Benson Dennis Seyram.

The accused persons are Nene Kwaku Agblormi II, Abednego Dzreke Mawuena, Emmanuel Hayford Afedo, Richard Doglo Ametepe, Benjamin Kplivi, Samuel Wor, Charles Elo, Richard Kwasi Norgbordzi, Stephen Kpexor and Kpexor Bersa Isreal.

The others are Emmanuel Alowordor, Ebenezer Nyaletasi, Cephas Zodanu, Moses Gadago, Ernest Dzitor, David Hedidor, Christian Nudekor, Paul Nunekpeku, Edwin Olu Dzinyela, Vincent Amaglo Gapketor and Atigah Dziwornu.

The rest are Godwin Adzowu, Samuel Yao Fiagbedzi, Samuel Atsu Gagbetor, Astu Awudzi, Akorli Dzitotor, Papa Denyo, Joseph Nyamewu, Afetorgbo Kpogo, Selorm Dorpe, Charles Gakpe Agbohla and Mawuta Gadri.

The 32 accused persons are facing four counts — conspiracy to treason felony, treason felony, conspiracy to causing unlawful damage and causing unlawful damage.

The court is yet to take the pleas of the accused persons.

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On September 25, hundreds of commuters on roads leading to the Volta and Oti regions, including Kpong-Akosombo, Juapong-Ho, Ho-Mepe, Sogakope-Accra were stranded.

The secessionist, said to belong to the Western Togoland Restoration group, blocked some of the roads with sand and set tyres ablaze while seizing the mobile phones of travellers who dared take shots of their activities.

They also overrun the Mepe and Aveyime police stations, released suspects in custody, locked up some police officers in the place of the suspects and also broke into the armoury of the Aveyime Police Station and made away with 10 AK 47s.

The Aveyime District Police Commander sustained injuries.

A joint team of the police and military were deployed in response. One person was shot dead while three others sustained injuries after the exchange of gunfire in the Sogakope area.

The police and military also claimed that they foiled attempts to burn down the Ho Central market and other key state installations in the region.

At least 57 suspects were arrested and flown to Accra where they were charged.

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In the past, the Homeland Study Group Foundation (HSGF), a separatist group had announced a breakaway of parts of the Volta Region, Oti Region, Northern Region and Upper East as an independent state called Western Togoland.

Scores of people have been arrested since 2017 with the leader of another group leading the quest for independence Charles Kudzordzi, alias Papavi, arrested and later released while charges against him were dropped.

On August 24, members of one of three groups leading the quest for independence for the area held an open meeting where their leaders rambled about how people from the Volta Region were discriminated against and their nationality questioned.

But the current violent attacks were allegedly led by the Western Togoland Restoration Front, one of three groups leading a campaign for the independence of Western Togoland.

Facts of the case

The suspects are members of a prohibited organization namely Western Togoland Restoration Front and related organizations. According to the police, the core objective of both groups is to take over a section of the country including parts of the Volta, Oti, Upper East and Northern regions.

The group has its stronghold in the Volta region and has pockets of followers
across the towns namely, Osuwem, Juapong, Volo, Mamfe, Bator,
Mepe, Aveyime, Ho and many others.

Nene Kwaku Agblorm II, Felix Sosa and Lawrence Nyadzinor have been identified as National Executive Council Members of Western Togoland Restoration Front.

The group is said to have illegally trained the youth numbering over two hundred to take up arms to fight their struggles.

It has been moving its unlawful training grounds from one town to the other to outwit the security operatives. The leadership of the group in recent times have been holding a series of illegal meeting at Afife.

Mepe, Juapong, Nyatikpo, Aveyime and other towns in the Volta region with the agenda of how to achieve their aim.

Devine Seddoh, an active member of the group was then assigned the role of education, to organise more followers from the northern stretch of their target
territory, particularly ewes.

Ernest Kpevu, claimed he denied the responsibility to supply firearms to the group but have been making financial donations to enhance their illegal activities.

Somewhere in September 2020, a collective decision was made by executive and
members of Western Togoland Restoration Frony at Afife to organise and riot and block the two major roads at Juapong and also attack drivers at the State Transport Corporation Terminal at Ho and rob them of their busses.

The meeting was attended by the accused persons together with others at large.

On September 9, 2020, the accused persons together with others at large camped themselves at Afife in preparation for the attack.

On September 25, 2020, at about 1 am, the accused persons dressed in Western Togoland “T” shirts, armed with offensive weapon such as guns, cutlasses, cudgels among others went amok and blocked the Juapong-Akuse road at Abotoase junction and Juapong-Accra road at Akrade near the Customs check point.

They used logs to cross the road road and burnt lorry tyres in the middle of the it preventing road users from accessing road.

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All the accused persons present at the crime scene executed the crime with pleasure wantonly displaying the flags of Western Togoland amidst chanting “we want freedom”.

Their action caused heavy vehicular traffic along that enclave of the road rendering passengers and travellers stranded. The accused persons fiercely engaged the military in a gun battle on their arrival at the scene.

They were however overpowered and arrested whiles others managed to escape.

On September 29, 2020, Dzreke Mawuena and Emmenuel Hayfor Afedo in the company of other accused persons now at large stormed the bus terminal of
STC, Ho and violently demanded for the ignition keys of the buses available but were denied.

They took offence and set two buses ablaze. Police intelligence led to their arrest.