Instead of hearing arguments in the absence of the BNI and the AG, the court said it would rather hear the application on notice to both the BNI and the AG.
On Wednesday, July 9, 2026, the former Attorney General, Godfred Dame, rose to move an ex-parte application against both the BNI and the AG.
The lawyers wanted the Human Rights Division of the High Court in Accra to compel the respondents, (the BNI and the AG), to produce their client, who was arrested on July 4, in court.
He argued that their client had been “unlawfully detained” and that the respondents ought to be compelled to produce him and justify his continued detention.
But Justice Barbara Tetteh-Charway, the presiding judge, said the nature of the allegations being made required the court to hear from the respondents.
M. Dame said he was moving an ex-parte application pursuant to Order 56 Rule 1 sub-rule 2 of CI 47. He argued that 78 hours had passed since the arrest without release, and that the matter was urgent and fell within human rights grounds.
According to him, where a person is allegedly unlawfully detained, the court ought to compel the respondents to come and justify the detention.
The court, however, said it had only heard one side and needed to hear from the respondents before making any order. She noted she did not have the full facts on what transpired at the specialist court.
Counsel insisted that granting an ex-parte order would not shut the respondents out, as they would still be required to justify the continued detention.
He told the court they had attached a Facebook post by the Deputy Attorney General dated July 4, to buttress their claims.
Counsel further argued that their client had not been charged since July 4 and that his continued detention violated Article 14(3) of the Constitution.
He described it as a typical human rights situation and urged the court not to turn its back on the applicant. He also prayed the court to order that his client be produced on Thursday, July 9.
JUSTICE TETTEH-CHARWAY said the court could not make consequential orders on an ex-parte application it had not heard.
She directed that the application be brought on notice, something the lawyers indicated had already been filed, with the return date set for July 10.
The court said, “I’m satisfied that the decision I’m taking is backed by law.”
She directed counsel to pursue the motion on notice already filed for Friday and adjourned the case to Thursday, July 10, 2026, at 9:00am.
ALUDIBA was arrested on July 4, 2026. His lawyers contend his continued detention without charge is unconstitutional. His wife was in court to represent him.
Source: www.Kumasimail.com
