Abuja High Court yesterday ordered the release of the President of Miyetti Allah Kautal Hore, Alhaji Bello Bodejo, from the custody of the Department of State Service, DSS.
Justice Mohammed Zubairu, in a ruling, described Bodejo’s detention since December 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 director-general of the DSS who are the first and second respondents.
“The applicant is hereby released from the second respondent’s detention,” he declared.
Justice Zubairu, however, said Bodejo’s release was not tantamount to an acquittal.
He, therefore, ordered Atabo, who appeared for him, to ensure that he 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.
Bodejo, in the motion dated and filed on December 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.
Justice Zubairu grantee leave to his lawyer to apply for an order of habeas corpus.
He also ordered that the substantive application be filed within 24 hours from the day the order was made for the purpose of determining the merit or otherwise 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, he made an order that he should be produced before the court on December 30 or admitted to an administrative bail.
When the matter was called yesterday, Atabo informed the court that Bodejo was yet to be produced in court.
He, however, said 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 hearing.
He said the motion, dated December 24, was filed “pursuant to your lordship’s order that we should file 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.
He added that the application was supported by a 13-paragraph affidavit deposed to by Hauwa Bodejo, the senior wife to the applicant.
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 did not file any counter affidavit in opposition to the applicant’s affidavit.
Danlami, however, 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)
