The High Court in Accra has refused a bail application filed by Alhaji Seidu Abagre, the 79-year-old retired teacher who was removed from Bawku on December 24, 2025, following recommendations contained in a mediation report by the Otumfuo Osei Tutu II on the long-running chieftaincy dispute in the area.
Alhaji Seidu Abagre has been charged with four counts, including acting as a chief without qualification, contrary to the Chieftaincy Act. The other charges are provocation of riot, contrary to Section 200 of the Criminal Offences Act, 1960 (Act 29), offensive conduct conducive to breach of the peace, and fighting with weapons.
He has pleaded not guilty to all four counts.
After hearing arguments from both the defence and the state on Monday, the High Court, presided over by Justice Halimah El-Alawa Abdul-Baasit, declined to grant bail.
Moving the bail application, counsel for the accused, Martin Kpebu, told the court that his client was innocent and would attend court throughout the trial if released. He argued that Abagre had been held in custody for 26 days without being informed of any offence at the time of his arrest, which he said violated Article 14 of the 1992 Constitution.
Mr Kpebu submitted that the offences charged are misdemeanours, each carrying a maximum sentence of three years, and therefore did not justify prolonged detention. He added that Abagre has a fixed place of abode in Bawku, is married with children, and has supporters willing to stand as sureties.
The defence also referred to a habeas corpus application filed on January 5, 2026, which challenged what was described as unlawful detention. Counsel pointed to assurances allegedly given by the Deputy Attorney-General during those proceedings regarding the protection of Abagre’s rights.
Mr Kpebu further told the court that the accused was unwell and had difficulty walking, a condition he said was evident when Abagre was asked to move in court.
Opposing the application, the Deputy Attorney-General, Justice Srem Sai, argued that the state had acted lawfully and that Abagre’s detention was backed by a valid court order. He told the court that the accused had enjoyed access to his family and legal counsel throughout his detention.
Justice Srem Sai emphasised public safety considerations, citing what he described as the volatile security situation in Bawku and the potential for wider unrest. He argued that granting bail under the terms proposed by the defence could undermine efforts to maintain peace and security.
In her ruling, Justice Halimah El-Alawa Abdul-Baasit said the court had considered the submissions from both sides and the broader circumstances of the case. She refused the bail application.
The court, however, directed the Attorney-General to ensure that the dignity of the accused is respected while in custody and that he is given access to medical care. The Attorney-General was also ordered to file the necessary disclosures.
The case has been adjourned to February 2, 2026, for further proceedings.
