Court declines ex-parte bid to compel BNI, A-G to produce Hanan Abdul-Wahab

An attempt by lawyers for former National Food and Buffer Stock Company Chief Executive Officer, Hanan Abdul-Wahab Aludiba, to secure an immediate court order for his production has failed.

The Human Rights Division of the High Court in Accra declined to hear the application ex parte and directed that the Bureau of National Investigations and the Attorney-General be given notice.

Mr Aludiba’s lawyers, led by former Attorney-General Godfred Yeboah Dame, had asked the court to compel the respondents to produce their client, who was arrested on July 4, 2026.

They argued that he had been unlawfully detained and that the BNI and the Attorney-General should be made to justify his continued detention.

But the presiding judge, Justice Barbara Tetteh-Charway, held that the nature of the allegations required the court to hear from the respondents before making any order.

According to the court, only one side of the matter had been presented.

The judge also noted that she did not have the full facts regarding what had occurred before the specialist court.

Mr Dame had sought to move the application on Wednesday, July 9, under Order 56 Rule 1(2) of CI 47.

He argued that more than 78 hours had passed since Mr Aludiba’s arrest without his release or charge.

He said the matter was urgent and raised clear human rights concerns.

Counsel further argued that in cases of alleged unlawful detention, the court ought to compel the detaining authorities to appear and justify the detention.

He maintained that granting the ex-parte request would not deny the respondents the opportunity to be heard, since they would still have to appear and explain the basis for the detention.

Mr Dame also told the court that the legal team had attached a Facebook post by the Deputy Attorney-General dated July 4 to support their claims.

He argued that Mr Aludiba’s continued detention without charge violated Article 14(3) of the Constitution.

He urged the court not to turn away from what he described as a typical human rights situation.

The defence also prayed the court to order that Mr Aludiba be produced on Thursday, July 9.

Justice Tetteh-Charway, however, said the court could not make consequential orders on an ex-parte application in the circumstances.

She directed the lawyers to proceed with the motion on notice, which had already been filed.

The return date for that application had been fixed for July 10.

“I’m satisfied that the decision I’m taking is backed by law,” the judge said.

The matter was adjourned to Thursday, July 10, 2026, at 9:00 a.m.

Mr Aludiba’s lawyers maintain that his continued detention without charge is unconstitutional.

His wife was present in court.