An Abuja High Court has directed the Department of State Services (DSS) to release Alhaji Bello Bodejo, the detained President of Kautal Hore, until his trial begins.
Justice Mohammed Zubairu issued the ruling after an ex-parte motion was presented by Bodejo’s lawyer, Reuben Atabo, SAN.
The court ordered the Attorney-General of the Federation, Chief Lateef Fagbemi, and DSS Director-General, Adeola Ajayi, to grant Bodejo administrative bail immediately.
The motion, marked M/16976/2024, was filed on December 19 and moved on Monday. A certified true copy of the court’s order was provided to the News Agency of Nigeria (NAN) the following day.
In his motion, Bodejo sought his release from DSS detention pending the resolution of his substantive case.
He also requested permission to file for a habeas corpus writ, challenging the legality of his detention. Habeas corpus is a legal tool to question the lawfulness of a person’s detention.
Bodejo filed the case against the Attorney-General and the DSS Director-General as respondents. He requested an interim order for his immediate release or for the DSS to produce him before the court while his application was considered.
In his ruling, Justice Zubairu acknowledged the authority of the DSS to arrest and detain individuals in order to maintain law and order, but he emphasized that such powers are limited by constitutional rights, particularly the provision in Section 35 of the 1999 Constitution, which sets a time limit for detention without charge—24 to 48 hours.
The judge said: “Courts must be ready and up and doing to ensure’ the constitutional provisions are adhered to and not violated.
“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 Carpus.
“Consequently. leave is hereby granted to the applicant to so apply. I so hold.
“I further order 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 constitutionality guaranteed period without an order of the court.
“From the available facts, the applicant has not been arraigned before any court since 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.”
As a result, the judge ordered the respondents to either release Bodejo on bail or produce him before the court pending the resolution of the habeas corpus application.
The matter was adjourned until December 30 for further hearing.
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