An Abuja High Court of the Federal Capital Territory (FCT) has directed the Department of State Services (DSS) to either release Bello Bodejo, President of the Miyetti Allah Kautal Hore, or arraign him in court without further delay.
Justice Mohammed Zubairu issued the ruling on Tuesday after hearing an ex parte motion filed by Bodejo’s counsel, Reuben Atabo.
Bodejo was arrested on December 9 by officers of the Nigerian Army’s 117 Battalion in Maliya, Nasarawa State, reportedly over a conflict involving herders and a retired army general in the Tudun Wada area of the state.
Following his detention, Bodejo’s legal team filed a lawsuit on December 19 against the Attorney-General of the Federation (AGF) and the DSS Director-General, challenging his continued detention without formal charges or arraignment. The application sought a writ of habeas corpus subjiciendum, compelling authorities to justify the legality of his detention.
In his ruling, Justice Zubairu emphasized the constitutional limits on detaining suspects without arraignment, noting that the Nigerian Constitution mandates that individuals be brought before a court within 24 to 48 hours of their arrest.
“The powers of security agencies to prevent crime must conform to the provisions of the 1999 Constitution,” the judge stated. “In a constitutional democracy, an individual should not be detained beyond the guaranteed period without a court order.”
Justice Zubairu further directed Bodejo’s legal team to file the substantive application for habeas corpus within 24 hours and ordered the DSS to either produce Bodejo in court or grant him administrative bail.
