A Federal Capital Territory (FCT) High Court in Abuja has directed the Department of State Services (DSS) to release Bello Bodejo, president of Miyetti Allah Kautal Hore, or arraign him in court.
Presiding judge Mohammed Zubairu issued the order on Tuesday after hearing an ex parte motion filed by Bodejo’s counsel, Reuben Atabo.
Bodejo was reportedly arrested on December 9 by officers of the 117 Battalion of the Nigerian Army in Nasarawa State over an incident involving some herders and a retired army general. Following his arrest, he was transferred to DSS custody where he has remained without arraignment.
On December 19, Bodejo’s lawyers filed a suit against the Attorney-General of the Federation (AGF) and the Director-General of the DSS, seeking his release and alleging unlawful detention. His legal team also requested an order of habeas corpus subjiciendum, a legal mechanism requiring the DSS to justify his detention in court.
Judge Zubairu emphasised that while the DSS has the authority to arrest, detain and prosecute offenders such powers are subject to Section 35 of the 1999 Constitution (as amended), which requires suspects to be brought to court within 24 or 48 hours.
“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,” Zubairu stated.
The court ordered the DSS to either produce Bodejo in court pending the hearing of the habeas corpus application or grant him administrative bail.
The case was adjourned to December 30 for further hearing.
 High Court in Abuja has directed the Department of State Services (DSS) to release Bello Bodejo, president of Miyetti Allah){kind=link}