The High Court in Accra has refused an application for bail filed on behalf of Alhaji Seidu Abagre, a 79-year-old retired teacher, after the hearing submissions from both the defence and state attorneys.

The accused person, who has been charged with “acting as a chief without qualification, contrary to the Chieftaincy Act, 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”, pleaded not guilty to all four counts.

The court was presided over by Justice Halimah El-Alawa Abdul-Baasit.

The prosecution read the facts of the case after the charges were taken.

Bail application

Counsel for Alhaji Abagre, Martin Kpebu, applied for bail, arguing that his client was innocent and would continue to attend court throughout the trial.

He told the court that Abagre had been held in custody for 26 days without being informed of any offence at the time of arrest, asserting that this was contrary to Article 14 of the 1992 Constitution, which requires that a detainee be informed of the reasons for arrest at the material time.

Mr Kpebu further argued that the offences against Abagre were “misdemeanours” carrying a maximum sentence of three years, making it unlikely that he would abscond if granted bail.

He said that Abagre was married with children, has a fixed place of abode in Bawku, and has supporters prepared to stand as sureties.

The defence referenced a habeas corpus application filed on January 5, 2026, seeking the court’s intervention over what was described as unlawful detention, and pointed to assurances given by the Deputy Attorney-General and Minister of Justice, Dr Justice Srem-Sai, during those proceedings about protecting Abagre’s rights.

Mr Kpebu told the court that the accused was unwell and had difficulty walking, which was evident when he was asked to move in court.

Opposition

The Deputy Attorney-General, however, opposed the bail application, asserting that the state had acted within the law and that Abagre was not in unlawful custody.

Dr Srem-Sai told the court that a valid court order authorised the detention and highlighted that Abagre had access to his family and legal counsel throughout.

On the issue of public safety, Dr Srem-Sai said the state’s duty was to maintain security and public order, particularly given the “volatile situation in Bawku” and potential wider tensions across the country.

The state argued that releasing Abagre on bail under the terms proposed by the defence could undermine peace and security. 

Ruling

After hearing the submissions from both sides and considering the circumstances of the case, the court refused the bail application.

The court directed the Attorney-General to ensure that the dignity of the accused is respected and that he has access to medical treatment, while in custody. The Attorney-General was also directed to file disclosures.

The case has been adjourned to February 2, 2026