Court Orders DSS to Either Release or Arraign Detained Miyetti Allah Leader

A major legal development recently unfolded in Abuja, Nigeria, as the Federal Capital Territory (FCT) High Court issued a directive to the Department of State Services (DSS) concerning the detention of Bello Bodejo, the president of Miyetti Allah Kautal Hore.

This ruling came after an ex parte motion was filed by Reuben Atabo, Bodejo's legal counsel, highlighting the urgency and gravity of the situation.

Bello Bodejo had been arrested on December 9, 2024, by officers of the 117 Battalion of the Nigerian Army in Maliya, Nasarawa State. His arrest was reportedly linked to an incident involving some herders and a retired army general in the Tudun Wada area of Nasarawa.

Since his arrest, Bodejo had been held without arraignment, prompting his family to raise concerns over his prolonged detention. This led to legal action being taken against the Attorney-General of the Federation (AGF) and the Director-General of the DSS.

The legal team representing Bodejo argued that his continued detention without formal charges was unconstitutional. They sought an order for his release from custody and requested permission to apply for a "habeas corpus" order, a legal mechanism designed to compel authorities to justify the legality of a person's detention.

The presiding judge, Mohammed Zubairu, reviewed the application and acknowledged the powers vested in the DSS and other security agencies to arrest, detain, and prosecute suspects. However, he emphasized that these powers are constrained by the provisions of the 1999 Constitution, which mandates that a suspect must be brought before a court within 24 to 48 hours of detention.

In his ruling, Judge Zubairu stated, "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 corpus." He further noted, "In a society like ours where we operate constitutional democracy, an individual ought not to be detained beyond the constitutionally guaranteed period without an order of the court."

The judge ordered the DSS to either produce Bodejo before the court or grant him administrative bail. Additionally, Bodejo's legal team was instructed to file the substantive application within 24 hours to determine the merits of the case. The matter was adjourned to December 30, 2024, for further proceedings.

This case has drawn massive attention due to the involvement of Miyetti Allah Kautal Hore, a prominent association representing Fulani herders in Nigeria. The organization's name, "Miyetti Allah," translates to "I thank God" in Fulfulde, reflecting its cultural roots. The detention of its leader, Bodejo, has sparked discussions about the balance between national security and individual rights, particularly in a country grappling with complex socio-political dynamics.