Former Special Prosecutor Criticizes Abagre Detention Over Bawku Chieftaincy Dispute

Former Special Prosecutor Martin Amidu has accused President John Dramani Mahama’s government of using unconstitutional methods to detain Alhaji Seidu Abagre, warning the approach could inadvertently create a martyr for the Mamprusi cause while undermining genuine resolution of the Bawku conflict.

In a detailed analysis published 10 January 2026, Amidu characterized Abagre’s removal from Bawku by Ghana Armed Forces (GAF) personnel on December 24 as an unconstitutional abduction ordered by President Mahama without proper judicial warrant. The government has not yet responded to these specific allegations.

The Interior Ministry confirmed that GAF personnel removed Abagre from Bawku following recommendations from Asantehene Otumfuo Osei Tutu II’s mediation report, stating he remains safe in the care of security agencies.

Amidu’s central criticism focuses on what he describes as the government granting de facto recognition to Abagre as a rival chief through court documents referring to him as “Naa Sheriga Kulga II,” a chieftaincy title not recognized in Ghana’s official register. He argued this language contradicts the government’s stated objective of enforcing the law recognizing only Bawku Naba Asigiri Abugrago Azoka II as the legitimate traditional leader.

According to Amidu’s account, an Adenta Circuit Court granted a detention order on December 26 without Abagre being produced before the court or given access to legal representation. The former Attorney General contended this violates constitutional provisions requiring suspects arrested without warrants to appear before courts within 48 hours.

A habeas corpus application filed January 5 by lawyer Martin Kpebu seeks Abagre’s production before the court, with the High Court adjourning the matter to Monday for hearing at 9:00 a.m. The application alleges Abagre has remained in National Intelligence Bureau (NIB) custody since December 24 with only limited family access.

Amidu disputed key facts in the government’s court affidavit, particularly claims that Abagre enskinned himself “sometime in 2024” when records show the Nayiri enskinned him on February 15, 2023, with the National Security Ministry subsequently implanting him in Bawku on October 24, 2024.

The former prosecutor argued that President Mahama could have enforced existing chieftaincy law through proper legal channels without involving the Asantehene as cover for executive action or weaponizing security agencies. He recommended strict adherence to the 1992 Constitution and Chieftaincy Act 2008 (Act 759) without electoral political considerations.

The Nayiri has rejected suggestions that Abagre’s arrest constitutes lawful destoolment, insisting in a December 26 statement that only Mamprugu custom determines enskinment or removal, and that arrest or detention does not extinguish chieftaincy status.

Amidu noted his personal involvement in the Bawku traditional leadership matter, having served as acting Provisional National Defence Council (PNDC) Secretary for the Upper East Region when Bawku Naba Asigiri Abugrago Azoka II was enskinned on April 24, 1984, and later representing him as legal counsel before the Supreme Court.

The analysis contends that more people from the Bawku Traditional Area have reportedly lost their lives between January 7, 2025, when Mahama assumed office, and December 16 than during the previous eight years under the Akufo Addo administration. Specific casualty figures were not provided.

The Asantehene’s mediation report, presented December 16, recommended that Abagre be recalled to Nalerigu by the Nayiri for reassignment to another traditional role, or alternatively remain in Bawku strictly as a private citizen without presenting himself as Bawku Naba.

The Mamprugu Traditional Council condemned the removal as politically influenced and unconstitutional, alleging the operation led to deaths of two Mamprusi citizens with several others injured. The government has not confirmed these casualty reports.

The conflict involves competing claims to traditional authority between Mamprusi and Kusasi ethnic groups. The Supreme Court has affirmed Asigiri Abugrago Azoka II as the lawful Bawku Naba under current law, though the Mamprusi community continues to recognize Abagre’s chieftaincy based on their customary practices.

Amidu warned that the government’s approach risks transforming Abagre into a symbolic figure for Mamprusi claims while failing to provide lasting constitutional resolution to the decades long dispute.