An Abuja High Court on Monday, ordered the release of Alhaji Bello Bodejo, President of the Miyetti Allah Kautal Hore, from the Department of State Service (DSS) detention.
Justice Mohammed Zubairu, in a ruling, described Bodejo’s detention since Dec. 9 after his arrest and without being charged to court as unlawful.
Justice Zubairu made the order following an application for the order of habeas corpus subjiciendum moved against the respondents by Bodejo’s lawyer, Reuben Atabo, SAN.
The judge held that the application was meritorious having not been challenged by the Attorney-General of the Federation (AGF) and the DSS DG, who are 1st and 2nd respondents.
“The applicant is hereby released from the 2nd respondent’s detention,” he declared.
Justice Zubairu, however, said that Bodejo’s release from detention is not tantamount to an acquittal.
He, therefore, ordered 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.
Bodejo, in an ex-parte motion marked: M/16976/2024, sued the AGF and DSS DG.
Bodejo, in the motion dated and filed on Dec. 19, had prayed the court to order his release from the detention of 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.
Justice Zubairu grant 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 tye order was made for the purpose of determining the merit or other wise of the application.
The judge held that having found out that Bodejo was yet to be arraigned before a court of law since his arrest, made an order that he should be produced before the court today, Dec. 30, or admit him to an administrative bail.
When the matter was called on Monday, Atabo informed the court that 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, Bodejo, in company of security agents, walked into the courtroom.
Atabo then informed the court that his client was in court and that he was ready to move their substantive motion slated for today for hearing.
He said the motion, dated Dec. 24, was filed “pursuant to your lordship order that we should filed 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 senior wife to the applicant.
According to Atabo, before your lordship, there is no counter affidavit in opposition to the deposition of Hauwa Bodejo.
Citing a previous case, the senior lawyer argued that where there is 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 Bodejo had been in detention from Dec. 9 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 Federal Republic of Nigeria to invoke your judicial power under Order 47 to release the applicant in custody,” he prayed.
Atabo undertook to produce Bodejo before the court in the event of prosecution by the state.
Although the AGF was not represented in court, the DSS counsel, A.M. Danlami, told the court that they had not filed any counter affidavit in opposition to the applicant’s affidavit.
Danlami, who said he was not opposed to the application for Bodejo’s release, urged the court to make an order that Bodejo should be produced to the respondents in the event a charge is preferred against him.
