An Abuja High Court has ordered the Department of State Services (DSS) to release the detained President of Miyetti Allah Kautal Hore, Alhaji Bello Bodejo, pending his trial.
Justice Mohammed Zubairu, ordered the Attorney-General of the Federation, Chief Lateef Fagbemi, and Director-General of the DSS, Mr Adeola Ajayi, to immediately admit him to administrative bail.
Justice Zubairu, a vacation judge, made the order after an ex-parte motion moved by Bodejo’s counsel, Reuben Atabo, SAN.
Although the motion ex-parte, marked: M/16976/2024, was moved by Atabo on Monday, the certified true copy of the order was made available to News Agency of Nigeria (NAN) on Tuesday.
NAN earlier reported that Bodejo, in the motion dated and filed on Dec. 19, had prayed the court to order his release from the detention of State Security Service (SSS), also known as DSS, 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.
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 1st and 2nd 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 1999 Constitution, which stipulates that a suspect can only be detained within 24 or 48 hours.
According to him, the 24 or 48 hours is sacrosanct
The judge said: “Courts must be ready and up and doing to ensure’ the constitutional provisions are adhered to and not violated.
“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.
“Consequently. leave is hereby granted to the applicant to so apply. i so hold.
“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.
“In a society like ours where we operate constitutional democracy, an individual ought not to be detained beyond the constitutionality guaranteed period without an order of the court.
“From the available facts, the applicant has not been arraigned before any court since 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 adjourned the matter until Dec. 30 for hearing. “