The Abuja High Court, on Monday, ordered the release of Alhaji Bello Bodejo, President of Miyetti Allah Kautal Hore, from the custody of the Department of State Services (DSS), declaring his detention unlawful.
Justice Mohammed Zubairu of the Abuja High Court ruled in favor of Bodejo’s application for habeas corpus subjiciendum, a legal writ challenging the legality of his detention since his arrest on December 9 without being charged to court.
Delivering the judgment, Justice Zubairu of Abuja High Court stated, “The applicant is hereby released from the 2nd respondent’s detention,” emphasizing that the detention violated constitutional provisions.
However, the judge clarified that Bodejo’s release does not equate to an acquittal and warned the respondents not to detain him beyond what is constitutionally permitted. He also ordered Bodejo’s lawyer, Reuben Atabo, SAN, to ensure his client’s appearance if charges are filed.
Bodejo had sued the Attorney-General of the Federation (AGF) and the DSS Director-General in a motion filed on December 19, seeking his immediate release. His lawyer, citing constitutional violations, argued that his detention without trial was unjust.
The DSS counsel, A.M. Danlami, confirmed that no counter affidavit had been filed and did not oppose the application for Bodejo’s release.
Justice Zubairu further instructed that the substantive application to assess the merit of Bodejo’s case be filed within 24 hours, underscoring the importance of upholding the rule of law.
The court ruling reinforces the necessity for adherence to due process and constitutional safeguards in matters of detention.