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.
The News Agency of Nigeria (NAN) reports that 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.
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 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.(NAN)
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