An Accra High Court, presided over by Justice Lydia Osei Marfo, has been informed that the man who allegedly attacked Matilda Yaaba Amissah Arthur, wife of late Vice President Amissah Arthur, is a flight risk.
The accused, Yahuza Osumanu, was described a flight risk by the Attorney-General (A-G), following a bail application filed by his lawyer, Paul Asibi Abariga.
The A-G, represented by Amanda Awadey, State Attorney (SA) and Nana Ama Adinkra, Senior State Attorney (SSA), urged the court to consider the evidence against the accused and deny him bail.
The State Attorney said the accused will not appear to stand trial, since he went into hiding after committing the offense and he was eventually arrested from his hide out.
She said there was overwhelming evidence against the accused, upon his arrest, confessed that he robbed the victims and identified himself in CCTV footage of various robbery scenes.
Ms. Awadey indicated that the accused person’s confession statement is part of the prosecution’s disclosures, per Section 20 of the Evidence Act.
“We also submit that the applicant, contrary to what counsel has indicated to the court, is a flight risk and will not avail himself to stand trial,” she stated.
Meanwhile, Mr. Asibi prayed the court to exercise its discretion, in view of bail being a judicial function, which is exercisable by the bench on case by case basis.
He said in matters of confessions that has been filed, allegedly coming from the accused will only pass the test of admissibility when it comes for trial.
According to him, the accused shall always appear to stand trial at all time and that he has no motivation of any incentive or power to decide not to appear before the court.
The court was told that the accused shall not interfere with any investigations if there are any, evidence or witnesses.
Furthermore, Yahuza Osumanu has people of substance who are more than willing to stand sureties for him, if his application find favour with the court.
The court, after hearing the submissions of the counsel for the Republic and the accused, dismissed the application, considering the nature of the offences – 26 counts of offenses relating to robbery, among others.
By the orders of the court, the prosecution has produced their first batch of disclosures, which is about 380 pages of alleged evidence against the accused person
In view of this, the court held that the accused will not avail himself to stand trial when granted bail, as there is a possibility that when granted bail, he may abscond in the course of the trial.
Justice Marfo said: “I’m also looking at the interest of society, that is the victims and every other vulnerable persons that may be affected thereof.”
Sitting here as a regular trial court judge and my experiences with matters of accused persons absconding in the middle of the trial… I want to watch over my shoulders before deciding the applicant’ case.
I have thus assured both sides of an expeditious trial. The application for bail is refused. He should remain in custody.
She stated that it was never in dispute that the court had a discretionary power to grant or refused bail, but that duty must be exercised judiciously without malice, fear or favour.
The judge continued that she was also mindful of the majority decision in the case of Martin Kpebu vs A-G.
However, she could not also overlook the constitutional duty under Article 12(2) that balance the interest of the individual against that of others and the public as well.
Brief facts of the case
The accused reportedly attacked the former second lady at her home at Tesano on December 5, 2023.
Osumanu is said to have threatened to kill Madam Matilda Yaaba Amissah Arthur with a gun, if she did not yield to his demands.
He then assaulted the former second lady by strangling her and hitting her head repeatedly on the ground.
He is said to have made away with GH¢3,000, US$2,200 and €50 in cash, as well as a gold watch worth GH¢20,000 and necklaces valued at GH¢5,000.
A week after this, on December 11, Yahuza Osman paid a similar visit to the home of the mother-in-law of David Adjaye.
His modus operandi was not any different, as he pointed a gun at Madam Margaret Alice Shawn and demanded goodies.
He succeeded in taking a Rolex Watch valued at US$70,000, a Panerai watch valued at UD$15,000, jewellery valued at US$15,000 and a cash amount of GH¢1,500.
Before these two high-profile operations, the accused had made similar robbery operations on September 17 and December 4. On September 17, businessman Augustine Okere was attacked at gunpoint in his home at Airport Residential Area.
The alleged robber is said to have stolen two Rolex watches valued at UD$38,000 and US$23,000 and cash sums of GH¢2,000 and £3,500.
On December 4, he robbed two persons named Daniel Kwame Osafo and Tracy Osei-Hyeaman. He stole a Cartier wristwatch valued at US$9,000, an iPhone Pro Max Valued at US$1,000, a Cartier black pen valued at US$5,000 and a gold chain valued at US$5,000 belonging to Daniel Kwame Osafo.
He then stole jewellery valued at UD$50,000 and a Cartier wristwatch valued at US$10,000 belonging to Tracy Osei-Hyeaman.
The case was adjourned to May 21, 2024 at 9am.
