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Court Orders DSS to Release Miyetti Allah President, Bodejo on Bail
- Abuja High Court orders DSS to release Bello Bodejo on administrative bail.
- Justice Zubairu grants leave for habeas corpus after Bodejo’s detention since December 9.
- Court sets December 30 hearing, demanding Bodejo’s release or appearance in court.
EKO HOT BLOG reports that Justice Mohammed Zubairu ordered the Attorney-General of the Federation, Chief Lateef Fagbemi, and the Director-General of the DSS, Mr. Adeola Ajayi, to immediately grant him administrative bail.
Justice Zubairu, a vacation judge, made the order following an ex-parte motion filed by Bodejo’s counsel, Reuben Atabo, SAN.
Although the motion, marked M/16976/2024, was moved by Atabo on Monday, the certified true copy of the order was made available to the News Agency of Nigeria (NAN) on Tuesday.
NAN earlier reported that in the motion dated December 19, Bodejo had asked the court to order his release from DSS detention pending the hearing and determination of the substantive application. He also sought an order granting him leave to apply for a writ of habeas corpus subjiciendum against the respondents.
Habeas corpus subjiciendum is a Latin legal term used to describe a writ directed to someone detaining another person to inquire into the legality of the detention.
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The Miyetti Allah president sued the AGF and the DG of the DSS as the 1st and 2nd respondents.
He sought “an interim order directing the respondents to immediately produce the applicant from detention for release, 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, including arrest, detention, and prosecution.
However, the judge emphasized that these powers are subject to constitutional limits, particularly under Section 35 of the 1999 Constitution, which stipulates that a suspect can only be detained for 24 or 48 hours.
The judge noted that the 24 or 48-hour limit is sacrosanct.
He said: “Courts must be vigilant to ensure that constitutional provisions are adhered to and not violated.”
“In this case, having reviewed 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 Corpus.”
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“Consequently, leave is hereby granted to the applicant to apply. I so hold.”
“I further order that 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 under constitutional democracy, an individual ought not to be detained beyond the constitutionally guaranteed period without a court order.”
“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 alternatively, the respondents should grant the applicant administrative bail.”
The judge adjourned the matter until December 30 for hearing.
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