A federal capital territory (FCT) high court in Abuja has asked the Department of State Services (DSS) to release Bello Bodejo, the detained president of Miyetti Allah Kautal Hore.
Mohammed Zubairu, the presiding judge, gave the order on
Tuesday following an ex parte motion filed by Reuben Atabo, Bodejo’s counsel.
THE ARREST
On December 9, Bodejo’s family said the Miyetti Allah leader
was arrested and detained by officers of the 117 battalion of the Nigerian Army
in Maliya, Nasarawa state.
The family said Bodejo was arrested over an incident
involving some herders and a retired army general in the Tudun Wada area of
Nasarawa.
On December 19, Bodejo, through his lawyers, filed a suit
against the attorney-general of the federation (AGF) and director-general of
the DSS over his arrest and continuous detention without arraignment.
The Miyetti Allah leader asked the court to order his
release from the DSS facility pending the hearing and determination of the
substantive application.
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Bodejo also sought permission from the court to apply for
the order of “habeas corpus subjiciendum” against the respondents.
Habeas corpus subjiciendum is a Latin phrase and a legal
term used to compel a person or authority holding someone in custody to bring
the detainee before a court and justify the legality of the detention.
THE VERDICT
Mohammed Zubairu, the presiding judge, held that the respondents have the statutory powers of preventing crime, which include arrest, detention, and prosecution of offenders.
However, Zubairu said the powers are subjected to the
provisions of section 35 of the 1999 constitution (as amended) that stipulates
that a suspect must be taken to court within 24 or 48 hours.
“In the case at hand, having gone through the deposition of
Hauwa Muhammad Bodejo in the supporting affidavit, I am moved to grant leave to
the applicant to apply for an order of habeas corpus,” the judge said.
“Consequently, leave is hereby granted to the applicant to
so apply. I so hold.
“I further order that the applicant shall file the
substantive application within 24 hours from today for the purpose of
determining the merit or otherwise of the application.
“In a society like ours where we operate constitutional
democracy, an individual ought not to be detained beyond the constitutionally
guaranteed period without an order of the court.
“From the available facts, the applicant has not been
arraigned before any court since the 9th of December 2024.
“On this ground, I order the respondents to produce the
applicant before this court pending the hearing and determination of the
application for habeas corpus, or the respondent should grant the applicant an
administrative bail.”
The judge adjourned the matter to December 30 for a hearing.