Court orders SSS to release Miyetti Allah president pending trial

The Abuja High Court has ordered the State Security Service (SSS) to release the detained president of Miyetti Allah Kautal Hore, Bello Bodejo, pending his trial.

Justice Mohammed Zubairu ordered Attorney-General of the Federation Lateef Fagbemi and the SSS director-general Adeola Ajayi to immediately admit him to an administrative bail.

Mr Zubairu, a vacation judge, made the order after an ex-parte motion moved by Mr Bodejo’s counsel, Reuben Atabo (SAN).

Although the motion ex-parte, marked M/16976/2024, was moved by Mr Atabo on Monday, the certified true copy of the order was made available to journalists on Tuesday.

The senior lawyer said Mr Bodejo was arrested on December 9 by soldiers of the 177 Guards Battalion, Keffi of the Nigerian Army and detained at their barracks in Keffi.

He said the Nigerian Army transferred him to the Defence Intelligence Agency custody in Abuja up to December 18 without being charged to any court of competent jurisdiction and was transferred from there to the SSS custody in Abuja on December 19 without being informed of the allegation against him.

The lawyer said the respondents are not desirous of diligently prosecuting his client “before a competent court of law, and thus, their actions are unconstitutional and shorn of any legal basis whatsoever.”

In the motion dated and filed on December 19, Mr Atabo had prayed the court to order Mr Bodejo’s release from the detention of SSS, pending the hearing and determination of the substantive application.

He also sought an order granting Mr Bodejo leave to apply for the habeas corpus subjiciendum order against the respondents.

Habeas corpus subjiciendum is a Latin phrase and a legal term used to describe a writ that is directed to someone who is detaining another person to inquire into the legality of the detention.

The Miyetti Allah president sued the AGF and the DG of SSS as the first and second respondents. He sought “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.”

Delivering the ruling, Justice Zubairu acknowledged the statutory powers of the respondents to prevent crime and criminality, which include arrest, detention, and prosecution of offenders.

The judge, however, held that these powers are subject to constitutional limits/restrictions as provided under section 35 of the 1999 Constitution, which stipulates that a suspect can only be detained within 24 or 48 hours.

The judge said: “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.

“I further order the applicant shall file the substantive application within 24 hours from today for the purpose of determining the merit or other wise of the application.

“From the available facts, the applicant has not been arraigned before any court since December 9, 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 until December 30 for the hearing.