Bello Bodejo

The Abuja High Court has ordered the Department of State Services (DSS) to release the detained president of the Miyetti Allah Kautal Hore, Bello Bodejo, from its custody.

On Monday, December 30, Bodejo’s counsel, Reuben Atabo, informed the court that the Miyetti Allah leader had not been charged to court as previously ordered. Presiding judge Mohammed Zubairu described Bodejo’s detention since December 9, without arraignment, as unlawful.

“The applicant is hereby released from the 2nd respondent’s detention,” the judge ruled. The court’s decision followed a habeas corpus application moved by Atabo against the respondents—the attorney-general of the federation (AGF) and the director-general (DG) of the DSS. Zubairu noted that the application was unchallenged by both respondents.

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

On December 19, Bodejo filed a suit through his lawyers against the AGF and the DG of the DSS, seeking his release or arraignment in court.

“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,” Zubairu had ruled on December 24.

During Monday’s resumed hearing, DSS operatives brought Bodejo to court. His lawyer moved a motion for an “order of habeas corpus subjiciendum commanding the respondents to produce the applicant from custody to be released from detention.”

Atabo argued, “We urge the court, in the interest of justice and respect for the constitution of the Federal Republic of Nigeria, to invoke your judicial power under Order 47 to release the applicant in custody.” He undertook to ensure Bodejo’s appearance in court for trial whenever required.

Counsel to the DSS, A.M. Danlami, acknowledged the lack of a counter affidavit opposing the application but requested that the court make provisions for Bodejo’s production when charges are filed against him. The court upheld the application, ordering Bodejo’s release while leaving the possibility of his reappearance pending future proceedings.