An application by lawyers for the embattled former National Food and Buffer Stock Company (NAFCO) Chief Executive Officer, Hanan Abdul‑Wahab Aludiba, led by Godfred Yeboah Dame, seeking an ex‑parte order to compel the BNI and the Attorney‑General to produce him, was declined by the court.

Rather than hear submissions in the absence of the BNI and the Attorney‑General, the court said it preferred to hear the application on notice to both respondents.

On Wednesday, July 9, 2026, the former Attorney‑General, Godfred Dame, rose to move an ex‑parte application against both the BNI and the Attorney‑General.

The legal team requested that the Human Rights Division of the High Court in Accra compel the respondents (the BNI and the Attorney‑General) to produce their client, who was arrested on July 4, before the court.

Mr Dame contended that their client had been “unlawfully detained” and that the respondents ought to be compelled to produce him and justify his continued detention.

However, Justice Barbara Tetteh‑Charway, who presided, observed that the nature of the allegations required the court to hear from the respondents.

Mr Dame said he had filed the ex‑parte application pursuant to Order 56 Rule 1(2) of CI 47, arguing that 78 hours had elapsed since the arrest without release, that the matter was urgent and that it raised human rights issues.

He submitted that where a person is alleged to be unlawfully detained, the court ought to compel the respondents to attend and justify the detention.

The court, however, noted that it had heard only one side and required the respondents’ input before making any order; she added that she did not have the full facts regarding events that transpired at the specialist court.

Counsel insisted that granting an ex‑parte order would not exclude the respondents, as they would still be required to justify the continued detention.

He told the court that they had attached a Facebook post by the Deputy Attorney‑General dated July 4, to support their claims.

Counsel further argued that their client had not been charged since July 4, and that his continued detention contravened Article 14(3) of the Constitution.

Describing the matter as a typical human rights situation, he urged the court not to turn its back on the applicant and prayed 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 fully considered.

She directed that the application be brought on notice, which counsel indicated had already been filed, and set the return date for July 10.

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

She directed counsel to pursue the motion on notice for Friday and adjourned the case to Thursday, July 10, 2026, at 09:00.

Aludiba was arrested on July 4, 2026. His lawyers maintain that his continued detention without charge is unconstitutional. His wife attended court to represent him.