An Abuja High Court on Monday, ordered the release of Bello Bodejo, president of the Miyetti Allah Kautal Hore, by the State Service Service (SSS, also called DSS).
Justice Mohammed Zubairu, in a ruling, described Mr Bodejo’s detention since 9 December without being charged to court as unlawful.
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Justice Zubairu made the order following an application moved against the respondents by Mr Bodejo’s lawyer, Reuben Atabo.
The judge held that the application was meritorious having not been challenged by the Attorney-General of the Federation (AGF) and the SSS DG, who are 1st and 2nd respondents.
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“The applicant is hereby released from the 2nd respondent’s detention,” he declared.
Justice Zubairu, however, said that Mr Bodejo’s release from detention is not tantamount to an acquittal.
He, therefore, ordered Mr Atabo, who appeared for him, to ensure that Bodejo is produced before the respondents should there be any reason to file charges against him.
He equally warned the respondents not to detain him beyond the constitutional provisions.
The News Agency of Nigeria (NAN) reports that Mr Bodejo, in an ex-parte motion marked: M/16976/2024, sued the AGF and SSS DG.
Mr Bodejo, in the motion dated and filed on 19 December, prayed the court to order his release from the SSS detention 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.
NAN reports that 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.
Justice Zubairu granted leave to Bodejo’s lawyer to apply for an order of habeas corpus.
He also ordered that the substantive application be filed within 24 hours from the day the order was made for the purpose of determining the merit or otherwise of the application.
The judge held that having found out that Mr Bodejo was yet to be arraigned before a court of law since his arrest, he made an order that he should be produced before the court today, 30 December, or admit him to an administrative bail.
When the matter was called on Monday, Mr Atabo informed the court that Mr Bodejo was yet to be produced in court.
He, however, said that the respondent’s lawyer told him that his client was within the court premises.
He sought a stand down for him to be produced in court.
When the court reconvened, Mr Bodejo, in the company of security agents, walked into the courtroom.
Mr Atabo then informed the court that his client was in court and that he was ready to move their substantive motion, which was slated for today’s hearing.
He said the motion, dated 24 December, was filed “pursuant to your lordship order that we should file within 24 hours.”
He said it was also brought pursuant to Order 47 of the Civil Procedure Rules of the court and in compliance with Sections 34, 35, 36 of the 1999 Constitution.
“We sought for your lordship order of habeas corpus subjiciendum commanding the respondents to produce the applicant from custody for the purpose of being released from detention and for such further order,” he said.
He said the application was supported by a 13-paragraph affidavit deposed to by Hauwa Bodejo, the applicant’s senior wife.
According to Mr Atabo, before your lordship, there is no counter affidavit in opposition to the deposition of Hauwa Bodejo.
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Citing a previous case, the senior lawyer argued that where there is an affidavit and there is no opposition, it is deemed to be correct.
“We urge your lordship to deem the deposition of Hauwa Bodejo as the correct deposition,” he said.
The lawyer further said that Mr Bodejo had been in detention from 9 December and had not been charged to court.
“This is contrary to the provision of our constitution.
“We urge the court, in the interest of justice and respect for the constitution of the Federal Republic of Nigeria to invoke your judicial power under Order 47 to release the applicant in custody,” he prayed.
Mr Atabo undertook to produce Mr Bodejo before the court in the event of prosecution by the state.
Although the AGF was not represented in court, the SSS counsel, A.M. Danlami, told the court that they had not filed any counter affidavit in opposition to the applicant’s affidavit.
Mr Danlami, who said he was not opposed to the application for Mr Bodejo’s release, urged the court to make an order that Mr Bodejo should be produced to the respondents in the event a charge is preferred against him.
(NAN)
