The High Court in Accra has ordered Alhaji Seidu Abagre, also known as Naa Sheriga Kulga II, to remain in the custody of the National Intelligence Bureau (NIB) after refusing his application for bail today.
The ruling centers on the court’s assessment of national stability, set against defense claims of unconstitutional detention.
Alhaji Abagre, who earlier pleaded not guilty to four charges including acting as a chief without qualification and provoking riots, will be held while his case proceeds. The court directed the Attorney-General to ensure his dignity and welfare are respected in custody.
In its ruling, the court acknowledged the constitutional pillars of the presumption of innocence and the right to personal liberty. However, it held that specific circumstances warranted denying bail, siding with the State’s argument on public safety.
Opposing bail, Deputy Attorney-General Dr. Justice Srem-Sai presented the State’s core argument: that releasing Alhaji Abagre could threaten the fragile peace in Bawku.
While not attributing the long-standing conflict solely to the accused, the State contended that the recent escalation of violence is “closely linked to his claim to the Bawku skin.”
“The Republic has a duty to maintain public safety, peace, and order,” Dr. Srem-Sai argued, maintaining that this duty must be balanced against personal liberty. He rejected defense claims of unlawful detention, stating the accused was held under a valid court order and had access to family, counsel, and medical care.
The defense team, led by lawyer Martin Kpebu, vigorously challenged the State’s justification for detention. Kpebu argued that Alhaji Abagre was held unlawfully for 26 days without being informed of any charges—a breach, he said, of Article 14 of the 1992 Constitution.
“The State has spent weeks looking for charges to prefer against the accused,” Kpebu contended, noting the charge sheet was served only shortly before the court hearing.
He further argued that the charges were misdemeanors with relatively light sentences and that his client, an elderly retired teacher with deep family ties, posed no flight risk, making continued detention unjustified.
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