Court Orders DSS to Release Detained Miyetti Allah President
An Abuja High Court has ordered the State Security Services (SSS) to release the detained president of Miyetti Allah Kautal Hore, Bello Bodejo, pending his trial.
According to the News Agency of Nigeria (NAN), Mohammed Zubairu, a vacation judge, instructed the attorney-general of the federation (AGF), Lateef Fagbemi, and director-general (DG) of the SSS, Adeola Ajayi, to promptly admit Bodejo to administrative bail.
Zubairu made the order after an ex-parte motion moved by Bodejo’s counsel, Reuben Atabo, a senior advocate.
Although the motion ex-parte, marked: M/16976/2024, was moved by Atabo on Monday, the certified true copy of the order was made available on Tuesday, December 24.
Bodejo had petitioned the court to release him from the SSS detention, pending a hearing and decision on his main application.
He’s also seeking permission to apply for a writ of habeas corpus, which would challenge the legality of his detention.
In essence, he’s suing the AGF and the DG of the SSS, citing them as respondents in the case.
In his ruling, the judge recognised the respondents’ legal power to prevent and investigate crimes, including the power to arrest, detain, and prosecute offenders.
The judge emphasised that while the respondents had the authority to arrest and detain people, this power is limited by the Constitution, specifically Section 35, which requires that a suspect be detained for no more than 24 or 48 hours.
The judge stressed that this timeframe was absolute and that courts must be vigilant in ensuring that constitutional provisions are respected and not violated.
“Consequently. leave is hereby granted to the applicant to so apply. I so hold,” the judge ruled.
The judge reportedly ordered the applicant to submit the main application within 24 hours to assess its merits and emphasised that in a constitutional democracy, people should not be detained beyond the constitutionally guaranteed period without a court order.
The judge noted that the applicant had been held since December 9, 2024, without being arraigned in court. He therefore ordered the respondents to produce the applicant in court or grant him administrative bail pending the hearing and decision on the habeas corpus (relief from unlawful detention) application.
The judge adjourned the matter until December 30 for a hearing.
