The Attorney General Department has abandoned an intended appeal against two of the soldiers, who standing trial at the Fast Track Court (FTC) for the murder of Alhaji Issa Mobilla, a former Northern Regional Chairman of the Convention People's Party (CPP) in 2004.
The Chief State Attorney, Ms. Penelope Ann Mammattah, had file an appeal at the Court of Appeal over the discharge of Corporal Yaw Appiah and Private Seth Goka, who is on the run and being tried in absentia, on conspiracy charges, but had since filed a notice of abandoning the appeal.
The FTC, presided over by Justice Mustapha Habib Logoh, yesterday struck out an application for stay of proceedings filed by the Chief State Attorney, after she informed the court that the state does not intend to pursue the appeal any longer.
The court, therefore, fixed December 5, this year, to enable the two accused persons to open their defense on the charge of murder that is still hanging over their neck, after their colleague, Private Eric Modzaka, was acquitted and discharged on both charges of conspiracy and murder.
Corporal Yaw Appiah had pleaded not guilty to all the charges leveled against him and he is currently in prison custody.
Alhaji Mobila was arrested by the police on December 9, 2004 for allegedly supplying the youth in Tamale with guns to foment trouble.
While in custody, the police claimed they received information that his followers and sympathizers were mobilizing to free him.
The deceased was consequently transferred from police cells to the Kamina Military Barracks and handed him over to the three accused persons, who were on duty at the time.
Alhaji Mobila later died in military custody three hours after he had been handed over to the accused persons, who were on duty that day.
The pathologist's report revealed that the deceased was sent to the hospital dead and that he died from multiple wounds.