Alhaji Seidu Abagre charged with acting as chief without qualification contrary to the Chieftaincy Act, bail application denied

Alhaji Seidu Abagre, the 79-year-old retired teacher who was removed from Bawku on December 24, 2025, following recommendations contained in the mediation report by the Asantehene, Otumfuo Osei Tutu II, on the long-running chieftaincy dispute in the area has been charged with four counts, one of which is acting as a chief without qualification, contrary to the Chieftaincy Act.

The other counts 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.

Alhaji Seidu Abagre has pleaded not guilty to all four counts. 

After hearing submissions from both the defence and the state on Monday, the High Court in Accra, presided over by Justice Halimah El-Alawa Abdul-Baasit refused a bail application filed by Alhaji Seidu Abagre.

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Bail application 

Martin Kpebu, counsel for Alhaji Seidu Abagre argued that his client was innocent and will 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 are “misdemeanours” carrying a maximum sentence of three years, making it unlikely that he would abscond if granted bail. 

He said that Abagre is 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 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, Justice Srem Sai opposed the bail application, arguing that the state has acted within the law and that Seidu Abagre was not in unlawful custody. 

He told the court that a valid court order authorised the detention and highlighted that Abagre has had access to his family and legal counsel throughout. 

On the issue of public safety, he said the state’s duty is 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 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.