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.
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.
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.
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.
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“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.
