Instead of the judgement being delivered yesterday, February 15, it will now be delivered on Monday, February 18, 2013.
The Presiding Judge, Mr Justice Mustapha Habib Logo, told the court that the ruling could not take place because of the power outage.
“My note is ready but the worry is the absence of light,” he said, adding that in the future someone might want to challenge something and the recorded version could be referred to or made available.
He expressed the hope that power would be available on Monday for the ruling to be properly recorded.
The late Mobilla was the Northern Regional Chairman of the Convention People’s Party (CPP).
Corporal Yaw Appiah, Private Eric Modzaka and Private Seth Goka are alleged to have played various roles resulting in Mobilla’s death on December 9, 2004 when the latter was in military custody for allegedly supplying guns and ammunition to the youth in Tamale to foment trouble.
Appiah and Modzaka had pleaded not guilty to two counts of conspiracy and murder, but Modzaka was acquitted and discharged on October 17, 2012 after his lawyer, Mr Thaddeus Sory, had made a submission of “no case” and argued that the prosecution had failed to prove a prima facie case against his client.
Private Goka, who is currently on the run, is being tried in absentia.
The case ended on January 16, 2013 after the prosecution and the defence team had put their cases before the jury for consideration.
In a murder trial, the jury needs to arrive at a unanimous verdict of guilty or not guilty after the trial judge has summed up the evidence before the court.
The jury will then retire to deliberate on the matter and return to either return a guilty or not guilty verdict on Corporal Appiah.
While Mobilla was in custody, the police claimed they had received information that his followers and sympathisers were mobilising to free him.
Mobilla was consequently transferred from police cells to the Kamina Military Barracks and handed over to the three accused persons.
According to the prosecution, Alhaji Mobilla died in military custody three hours after he had been handed over to the accused persons who were on duty that day.
Story by Emmanuel Bonney
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