A Federal Capital Territory (FCT) High Court in Abuja has directed the Department of State Services (DSS) to release Bello Bodejo, the detained president of Miyetti Allah Kautal Hore.
The ruling was made on Tuesday following an ex parte motion filed by Bodejo’s counsel, Reuben Atabo.
Bodejo, who was arrested on December 9 by officers of the Nigerian Army in Maliya, Nasarawa State, has been in detention over an incident involving some herders and a retired army general in the Tudun Wada area of Nasarawa. His family raised alarm over his continued detention, prompting legal action.
On December 19, Bodejo’s lawyers filed a suit against the Attorney-General of the Federation (AGF) and the Director-General of the DSS, seeking an order for his release from custody. They argued that his prolonged detention without arraignment was unconstitutional and also sought permission to apply for a habeas corpus order a legal process to compel the authorities to justify the legality of his detention.
Presiding Judge Mohammed Zubairu, after reviewing the application, acknowledged the powers of the DSS and other security agencies to arrest, detain, and prosecute suspects. However, he noted that these powers are constrained by the 1999 Constitution, which mandates that a suspect must be brought before a court within 24 to 48 hours of detention. Since Bodejo had not been arraigned since his arrest on December 9, the judge granted the application for habeas corpus and ordered the DSS to either produce Bodejo before the court or grant him administrative bail.
The judge also instructed Bodejo’s legal team to file the substantive application within 24 hours, to determine the merits of the case. The matter was adjourned to December 30 for further proceedings.
