A Federal Capital Territory (FCT) High Court in Abuja has ordered the Department of State Services (DSS) to release Bello Bodejo, the detained president of Miyetti Allah Kautal Hore, or arraign him in court.
Justice Mohammed Zubairu issued the directive on Tuesday after hearing an ex parte motion filed by Reuben Atabo, counsel to Bodejo.
Bodejo was arrested on December 9 by officers of the Nigerian Army’s 117 Battalion in Maliya, Nasarawa State.
According to his family, the arrest stemmed from a dispute involving herders and a retired army general in the Tudun Wada area of Nasarawa.
Following his detention, Bodejo’s lawyers filed a lawsuit on December 19 against the Attorney-General of the Federation (AGF) and the Director-General of the DSS, challenging his continued detention without arraignment.
In the suit, the Miyetti Allah leader sought a court order for his release from DSS custody pending the determination of the substantive application.
He also requested the court’s permission to apply for a writ of habeas corpus subjiciendum—a legal action requiring authorities to justify his detention.
In his ruling, Justice Zubairu acknowledged that while security agencies have statutory powers to prevent crime, those powers must align with the provisions of the 1999 Constitution, which stipulates that suspects must be brought before a court within 24 to 48 hours of arrest.
“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 corpus.
“Consequently, leave is hereby granted to the applicant to so apply. I so hold.
“I further order that the applicant shall file the substantive application within 24 hours from today for the purpose of determining the merit or otherwise of the application.
“In a society like ours where we operate constitutional democracy, an individual ought not to be detained beyond the constitutionally guaranteed period without an order of the court.
“From the available facts, the applicant has not been arraigned before any court since the 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 stated.
