A federal capital territory (FCT) high court in Abuja has ordered the release of Bello Bodejo, the president of the Miyetti Allah Kautal Hore, from the custody of the Department of State Service (DSS).
At the court session on Monday, Reuben Atabo, counsel to Bodejo, told the court that the detained Miyetti Allah president was yet to be charged to court as ordered by the judge during the last hearing.
Mohammed Zubairu, the presiding judge, described Bodejo’s detention since December 9 after his arrest and without being charged to court as unlawful.
The judge made the order following an application for the order of habeas corpus subjiciendum moved against the respondents by Atabo.
Zubairu held that the application was meritorious, having not been challenged by the attorney-general of the federation (AGF) and the director general (DG) of the DSS, who are the first and second respondents, respectively.
“The applicant is hereby released from the 2nd respondent’s detention,” the judge ruled.
On December 9, Bodejo’s family said he 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 AGF and the DG 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 or compel the secret police to arraign him in court pending the hearing and determination of the substantive application.
On December 24, Zubairu noted that the applicant’s continued detention without being arraigned was unconstitutional.
“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 had ruled.
Zubairu then adjourned the matter to December 30 for a hearing.
During the resumed hearing on Monday, DSS operatives brought Bodejo to court.
His lawyer moved a motion seeking an “order of habeas corpus subjiciendum commanding the respondents to produce the applicant from custody to be released from detention and for such further order.”.
According to Atabo, there was no counter affidavit to the applicant’s affidavit deposed to by Hauwa, Bodejo’s first wife.
“We urge the court, in the interest of justice and respect for the constitution of the Federal Republic of Nigeria, to invoke your judicial power under Order 47 to release the applicant in custody,” he told the judge.
Atabo undertook to produce Bodejo before the court whenever needed for trial.
Counsel to the DSS, A.M. Danlami, told the court that the agency had not filed any counter affidavit in opposition to the applicant’s affidavit.
However, he urged the court to make an order that Bodejo should be produced to the respondents when a charge is preferred against him.
