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Court orders DSS to release Miyetti Allah president, Bodejo

Justice Mohammed Zubairu of the Federal Capital Territory (FCT) High Court on Monday ordered the Department of State Services (DSS) to release the detained President of Miyetti Allah Kautal Hore, Alhaji Bello Bodejo, pending his trial.
Justice Zubairu, a vacation judge, made the order following an ex-parte motion moved by Bodejo’s counsel, Reuben Atabo (SAN).
The certified true copy of the order was made available to journalists on Tuesday.
The judge ordered the Attorney-General of the Federation, and Minister of Justice, Lateef Fagbemi (SAN), and the Director-General of the DSS, Mr. Adeola Ajayi, to immediately grant Bodejo an administrative bail.
The Miyetti Allah president in the motion filed on December 19 urged the court to order his release from the DSS 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.
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 AGF and the DSS DG were listed as respondents in the suit.
In his 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 the 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.
Bodejo was arrested by DSS operatives in Nasarawa State on December 9.
He 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, the 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 to determine 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 till December 30 for hearing.
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