DSS ordered by court to release detained Miyetti Allah president or arraign him

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. The ruling was made by Mohammed Zubairu, the presiding judge, following an ex parte motion filed by Bodejo’s counsel, Reuben Atabo.

Bodejo, who was arrested on December 9, was detained by officers of the 117 Battalion of the Nigerian Army in Maliya, Nasarawa State. According to Bodejo’s family, the arrest was related to an incident involving some herders and a retired army general in the Tudun Wada area of Nasarawa.

On December 19, Bodejo, through his legal representatives, filed a suit against the Attorney-General of the Federation (AGF) and the Director-General of the DSS over his arrest and prolonged detention without arraignment. In the suit, Bodejo sought an order for his release from DSS custody pending the hearing and determination of the substantive application. He also requested permission from the court to apply for an order of “habeas corpus subjiciendum,” a legal term used to compel the authorities holding someone in custody to bring the detainee before a court and justify the legality of the detention.

In his verdict, Judge Zubairu acknowledged that the DSS has the statutory powers to arrest, detain, and prosecute offenders in order to prevent crime. However, he emphasized that these powers are subject to the provisions of Section 35 of the 1999 Constitution (as amended), which stipulates that a suspect must be brought before a court within 24 or 48 hours of arrest.

“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,” the judge stated. “Consequently, leave is hereby granted to the applicant to so apply. I so hold.”

Zubairu further ruled that Bodejo’s legal team must file the substantive application within 24 hours from the ruling date for the court to determine the merit of the case.

“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 said. “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 adjourned the matter to December 30 for a hearing.