High Court orders DSS to release Miyetti Allah’s leader within 24 or 48 hours
By Jeph Ajobaju, Chief Copy Editor
A High Court in Abuja has ordered the Department of State Services (DSS) to release Bello Bodejo, Miyetti Allah Kautal Hore president, pending his trial over an alleged crime the secret police is yet to specify but for which it has unlawfully detained him for 16 days running.
Justice Mohammed Zubairu ordered federal Attorney General Lateef Fagbemi and DSS Director General Adeola Ajayi to immediately admit him on administrative bail within 24 or 48 hours, a time scale that is constitutionally sacrosanct.
Zubairu, a vacation Judge, made the order after an ex-parte motion moved by Bodejo’s counsel, Reuben Atabo, SAN.
Although the motion ex-parte, marked M/16976/2024, was moved by Atabo on Monday, it was on Tuesday the certified true copy of the order was made available to the News Agency of Nigeria (NAN), according to NAN, which first reported the story.
Bodejo, in the motion dated and filed on December 19, asked the court to order his release from the detention of State Security Service (SSS), also known as DSS, pending the hearing and determination of the substantive application.
He also sought an order granting him leave 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 describe a writ directed to someone who is detaining another person to inquire into the legality of the detention.
Bodejo sued the AGF and the DG of SSS as first and second respondents, and sought from the court “an interim order directing the respondents to, forthwith, produce the applicant from detention for him to be released, pending the hearing and determination of the substantive application for habeas corpus subjiciendum.”
The court acknowledged the statutory powers of the respondents to prevent crime and criminality which include arrest, detention, and prosecution of offenders.
But it held that these powers are subject to limits/restrictions in Section 35 of the Constitution which stipulates that a suspect can only be detained within 24 or 48 hours, a time frame that is “sacrosanct”.
The judge ruled that “Courts must be ready and up and doing to ensure” constitutional provisions are adhered to and not violated.
“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 Carpus.
“Consequently, leave is hereby granted to the applicant to so apply, I so hold.
“I further order 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 constitutionality 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 case was adjourned until December 30 for hearing.
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