An Accra circuit court presided over by Magistrate Ebenezer Kwaku Ansah, has refused to grant bail to the three young men who were arrested by the Odorkor police for allegedly possessing explosives.
Ismaila Ali Musah, 31; Abdul Karim Yakubu, 30 and Osman Alhassan, 33, were arrested after the police had picked intelligence that the three suspects were possessing military grenades.
They were remanded into custody by the court on January 16, 2018, to allow the police to conclude their investigation into the matter.
In court yesterday, George Asamaney, counsel for Osman Alhassan, prayed the court to grant his client bail, stating that since his arrest and subsequent incarceration, his (client’s) liberties had been curtailed.
According to him, Osman was arrested with one other suspect on January 15, 2018, and his plea has not been taken, contrary to what the law says.
He said at the last adjourned date, the police indicated that they were still investigating the matter and had since not said anything about their investigation – and he presumed the investigation was done.
Mr Asamaney averred that Osman sells onions and not grenade; and was only at home when Ismaila Ali Musah visited him.
He also indicated that the police intentionally stated on the charge sheet that his client is unemployed, reiterating that Osman sells onions in large consignments at the Kokomba market at Agbogbloshie in Accra.
He said it is also not true that his client does not have a fixed place of abode as the police arrested him in his house.
Mr. Asamaney therefore, prayed the court to grant his client bail, saying the court has utmost discretion to admit an accused person to bail.
The prosecution, led by Deputy Chief Inspector Apiorsornu, strongly opposed to the granting of bail for Osman.
He said police investigations are still ongoing and that it is premature for the accused person to be granted bail at this point as it would hamper police investigations.
The prosecutor indicated that the police had to travel with all the accused persons for further investigations; and if they were granted bail, the police would not have them to conclude their investigations, particularly when the case is one that has to do with national security.
Deputy Chief Inspector Apiorsornu stated that the fundamental human rights and freedoms as enshrined in the 1992 Constitution, are not absolute but subject to limitations.
He therefore, prayed the court to remand the accused persons to assist the police in their investigations.
The presiding judge, Mr. Ebenezer Kwaku Ansah, after listening to the arguments of both the defence and the prosecution, said considering the fact that one does not just easily come by explosives and the fact that the issue has to do with national security, he would give the police up to the next adjourned date to conclude their investigations.
He therefore, rejected the application for bail and ordered that the three be kept in custody while investigations into the matter continued.
The case resumes on February 16, 2018.
