DSS Directed To Release Miyetti Allah Leader Amid Legal Battle!

An Abuja High Court has directed the Department of State Services (DSS) to release Alhaji Bello Bodejo, President of Miyetti Allah Kautal Hore, from detention until his trial commences.....KINDLY READ THE FULL STORY HERE▶

Justice Mohammed Zubairu issued the ruling after hearing an ex-parte motion filed by Bodejo’s counsel, Reuben Atabo, SAN. The court also ordered the Attorney-General of the Federation, Chief Lateef Fagbemi, and the DSS Director-General, Adeola Ajayi, to immediately grant Bodejo administrative bail.

The motion, marked M/16976/2024, was filed on December 19 and moved on Monday, with a certified copy of the court’s decision made available to the News Agency of Nigeria (NAN) the following day.

In his application, Bodejo sought his release from DSS detention while awaiting the resolution of his substantive case. He also requested permission to apply for a writ of habeas corpus, a legal procedure to challenge the legitimacy of his detention.

Justice Zubairu acknowledged the DSS’s authority to arrest and detain individuals in maintaining law and order but stressed that such powers are restricted by constitutional safeguards, particularly Section 35 of the 1999 Constitution, which limits detention without charges to 24-48 hours.

The judge stated:
“Courts must uphold constitutional provisions and prevent their violation. In this case, based on the deposition presented, I grant the applicant leave to apply for a writ of habeas corpus.

“The substantive application must be filed within 24 hours to determine its merit. Meanwhile, the respondents are ordered to either grant the applicant administrative bail or produce him before the court pending the resolution of the habeas corpus application.”

Justice Zubairu further emphasized that under a constitutional democracy, individuals cannot be detained beyond the constitutionally allowed period without a court order. He noted that Bodejo had been in detention since December 9, 2024, without arraignment.

The matter was adjourned until December 30 for further proceedings.