Court issues fresh order to DSS about detained Miyetti Allah leader

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The Department of State Services (DSS) has been directed by a Federal Capital Territory (FCT) High Court in Abuja to either arraign or release Bello Bodejo, the arrested president of Miyetti Allah Kautal Hore.

Following the hearing of an ex parte motion submitted by Bodejo’s attorney, Reuben Atabo, Justice Mohammed Zubairu delivered the directive on Tuesday.

According to ZINGTIE, Bodejo was taken into custody by members of the 117th Battalion of the Nigerian Army in Maliya, Nasarawa State, on December 9.

His family claims that a fight between herders and a retired army commander in Nasarawa’s Tudun Wada neighbourhood led to the detention.

Bodejo’s attorneys sued the Attorney-General of the Federation (AGF) and the Director-General of the DSS on December 19 after he was detained challenging his continued detention without arraignment.

In the action, the Miyetti Allah leader requested a court order for his release from DSS detention awaiting the resolution of the substantive application.

In addition, he asked the court for permission to file a writ of habeas corpus subjiciendum, which would force the authorities to provide an explanation for his incarceration.

While security agencies have legislative authority to prevent crime, Justice Zubairu recognised in his opinion that these authorities must be in line with the 1999 Constitution’s requirements that suspects be brought before a court within 24 to 48 hours of their detention.

“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.

“Consequently, leave is hereby granted to the applicant to so 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 constitutional democracy, an individual ought not to be detained beyond the constitutionally 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 judge stated.

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