An Abuja High Court has directed the Department of State Services (DSS) to release the President of Miyetti Allah Kautal Hore, Bello Bodejo, pending his trial.
The order, issued by Justice Mohammed Zubairu on Tuesday, mandates the DSS and the Attorney-General of the Federation (AGF), Chief Lateef Fagbemi (SAN), to immediately grant Bodejo administrative bail.
The ruling followed an ex-parte motion filed by Bodejo’s legal counsel, Reuben Atabo (SAN).
The motion, marked M/16976/2024, was submitted on December 19, with a request for Bodejo’s release pending the hearing and determination of a substantive application.
Justice Zubairu, sitting as a vacation judge, acknowledged the DSS’s statutory authority to arrest and detain suspects but emphasized that such powers are subject to constitutional limits.
In his ruling, Justice Zubairu referenced Section 35 of the 1999 Constitution, which stipulates that a suspect must not be detained beyond 24 or 48 hours without a court order.
“The 24 or 48 hours is sacrosanct,” the judge stated. “Courts must ensure that constitutional provisions are adhered to and not violated.”
Bodejo had been in DSS custody since December 9 without being arraigned. The judge stressed that the prolonged detention contravened constitutional provisions.
“In a society like ours, where we operate constitutional democracy, an individual ought not to be detained beyond the constitutionally guaranteed period without an order of the court,” he added.
The court granted Bodejo leave to apply for an order of habeas corpus subjiciendum, a legal term compelling the production of a detainee to determine the legality of their detention.
Justice Zubairu further instructed that the substantive application for the order be filed within 24 hours.
“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 corpus,” Justice Zubairu ruled.
The judge provided the DSS with two options: either produce Bodejo in court pending the determination of the application for habeas corpus or release him on administrative bail.
The matter was adjourned to December 30 for the hearing of the substantive application.
Bello Bodejo had sued the AGF and DSS Director-General, Adeola Ajayi, as the 1st and 2nd respondents, alleging unlawful detention and seeking his immediate release.
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