Court Orders SSS to Release Miyetti Allah Leader

A Nigerian court has directed the State Security Service (SSS) to release the leader of Miyetti Allah, following a legal battle over his detention.

A High Court in Abuja has mandated the immediate release of Bello Bodejo, President of Miyetti Allah Kautal Hore, from the custody of the Department of State Services (DSS), also referred to as the State Security Service (SSS).

Justice Mohammed Zubairu, in a ruling on Monday, declared that Bodejo’s detention without formal charges since December 9 is unlawful.

The court’s ruling came after Bodejo’s attorney, Reuben Atabo, submitted an application contesting his ongoing detention. Justice Zubairu observed that the application faced no opposition since neither the Attorney-General of the Federation (AGF) nor the Director-General of SSS—identified as first and second respondents—filed any objections.

The judge deemed the detention a violation of Bodejo’s fundamental rights, found the application to be meritorious, and instructed the SSS to release him immediately.

“The applicant is officially released from the detention of the second respondent,” he announced.

Justice Zubairu, however, clarified that Mr. Bodejo’s release from detention does not equate to an acquittal.

He instructed Mr. Atabo, who represented him, to ensure that Bodejo is presented before the respondents if there are grounds to file charges against him.

He also cautioned the respondents against detaining him longer than permitted by the constitution.

The News Agency of Nigeria (NAN) reports that Mr. Bodejo, in an ex-parte motion designated M/16976/2024, has filed a lawsuit against the Attorney General of the Federation and the Director-General of the State Security Service.

In the motion dated and submitted on December 19, Mr. Bodejo requested that the court order his release from SSS detention while awaiting the hearing and decision of the main application.

He also requested permission to file for an order of “habeas corpus subjiciendum” against the respondents.

According to NAN, “habeas corpus subjiciendum” is a Latin phrase and legal term referring to a writ aimed at someone holding another person in custody, questioning the legality of that detention.

Justice Zubairu allowed Bodejo’s lawyer to request a habeas corpus order.

He additionally instructed that the substantive application must be filed within 24 hours of the order being issued to assess its merit.

The judge determined that since Mr. Bodejo had not been brought before a court of law following his arrest, an order was issued for him to either be presented in court today, December 30th, or be granted administrative bail.

When the case was brought up on Monday, Mr. Atabo notified the court that Mr. Bodejo had not yet been presented in court.

He mentioned, however, that the respondent’s lawyer informed him their client was on the court premises.

He requested a postponement for his appearance in court.

When the court reconvened, Mr. Bodejo entered the courtroom accompanied by security agents.

Mr. Atabo informed the court that his client was present and he was prepared to proceed with their substantive motion scheduled for today’s hearing.

He stated that the motion, dated December 24th, was submitted “in accordance with your lordship’s order for a filing within 24 hours.”

He stated that it was also brought in accordance with Order 47 of the court’s Civil Procedure Rules and in compliance with Sections 34, 35, and 36 of the 1999 Constitution.

“We requested your lordship to issue a writ of habeas corpus subjiciendum, directing the respondents to bring forth the applicant from custody for release and any additional orders,” he stated.

He stated that the application was backed by a 13-paragraph affidavit sworn to by Hauwa Bodejo, the applicant’s senior wife.

Mr. Atabo stated that, in front of your lordship, there is no counter affidavit challenging the statement made by Hauwa Bodejo.

Referring to an earlier case, the senior lawyer contended that if there is an affidavit with no opposing evidence or challenge, it is considered accurate.

“We respectfully request that your lordship consider Hauwa Bodejo’s deposition as the accurate account,” he stated.

The lawyer additionally stated that Mr. Bodejo had been detained since December 9th and had not yet faced any charges in court.

This goes against what is outlined in our constitution.

He requested that the court, in the interest of justice and respect for Nigeria’s constitution, exercise its judicial authority under Order 47 to release the applicant from custody.

Mr. Atabo committed to presenting Mr. Bodejo before the court if he is prosecuted by the state.

Even though the AGF was not present in court, SSS counsel A.M. Danlami informed the court that they had not submitted any counter affidavit against the applicant’s affidavit.

Mr. Danlami stated that he did not object to the application for Mr. Bodejo’s release, and requested that the court issue an order requiring Mr. Bodejo to be made available to the respondents if any charges are brought against him in the future.