The High Court in Accra has demanded that Alhaji Seidu Abagre, known as Naa Sheriga Kulga II, stay in the National Intelligence Bureau (NIB) custody following the rejection of his bail application today.
The decision focuses on the court’s evaluation of national stability, juxtaposed with defense assertions of unlawful detention.
Alhaji Abagre, who previously pleaded not guilty to four charges, including impersonating a chief without proper credentials and inciting riots, will remain in custody as his case moves forward. The court instructed the Attorney-General to make sure his dignity and well-being are honored while in custody.
In its decision, the court recognized the constitutional foundations of the presumption of innocence and the right to individual freedom. Nonetheless, it concluded that particular conditions justified refusing bail, supporting the State’s position on community safety.
Deputy Attorney-General Dr. Justice Srem-Sai, opposing bail, articulated the State’s primary argument: that granting Alhaji Abagre’s release might jeopardize the delicate peace in Bawku.
Although the State did not place the entire blame for the prolonged conflict on the accused, it argued that the recent surge in 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 also contended that the offenses were misdemeanors with fairly mild penalties and that his client, an elderly retired educator with strong family connections, presented no risk of flight, rendering ongoing detention unwarranted.
Mr. Kpebu also contended that the charges against Abagre are “misdemeanours” with a maximum penalty of three years, suggesting it is improbable that he would flee if released on bail.
He stated that Abagre is married with kids, has a permanent residence in Bawku, and has backers willing to act as sureties.
The defense referred to a habeas corpus petition submitted on January 5, 2026, requesting the court’s involvement regarding what was termed illegal detention, and highlighted guarantees provided by the Deputy Attorney-General during those proceedings concerning the safeguarding of Abagre’s rights.
Mr. Kpebu informed the court that the defendant was ill and struggling to walk, which was apparent when he was requested to move in the courtroom.
Source: Ghanatodayonline.com
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