High Court strikes out Habeas Corpus application against Alhaji Seidu Abagre
29th January 2026
The High Court in Accra has struck out an application for habeas corpus filed on behalf of Alhaji Seidu Abagre in connection with the Bawku chieftaincy dispute, following compliance by the Attorney-General with an earlier court order to file a written report on the matter.
The application, which sought Abagre’s release and challenged the legality of his detention, was withdrawn after his lawyers indicated that developments in the case had overtaken the relief being sought.
The court, presided over by Justice Halimah El-Alawa Abdul-Baasit, struck out the application as withdrawn when the case was called last Monday.
Court Proceedings
At a previous sitting, the court had directed the Attorney-General to submit a report detailing the circumstances surrounding Abagre’s arrest and continued detention to assist in determining the habeas corpus application.
When proceedings resumed, counsel for the applicant, Martin Kpebu, confirmed that the Attorney-General had complied with the order and filed the required report.
He explained that upon reviewing the report and in light of subsequent developments, the application had become unnecessary since Abagre had been formally charged and arraigned before a court.
According to counsel, the applicant is now within the regular criminal justice process, making the habeas corpus action—which was intended to challenge the legality of his detention—no longer relevant.
The Deputy Attorney-General raised no objection to the withdrawal, after which the court struck out the application.
Background
Alhaji Seidu Abagre, a 79-year-old retired teacher and a claimant in the protracted Bawku chieftaincy dispute, was removed from Bawku on December 24, 2025, by personnel of the Ghana Armed Forces.
The action formed part of the implementation of mediation recommendations led by the Asantehene, Otumfuo Osei Tutu II, aimed at resolving decades-long tensions over the Bawku skin.
The mediation reaffirmed Naba Asigri Abugrago Azoka II as the lawful Bawku Naba and recommended that Abagre either accept a different traditional role or remain in Bawku solely as a private citizen.
Following his removal, Abagre was taken into custody by the National Intelligence Bureau (NIB), prompting his legal team to file the habeas corpus application on January 5, 2026, arguing that he was being unlawfully detained and initially denied access to counsel.
However, with criminal charges now formally laid against him and proceedings underway, the focus has shifted from the legality of his detention to the substantive criminal case before the court.