A Federal High Court in Abuja has granted an application filed by the Defence Intelligence Agency (DIA) to detain Alhaji Bello Bodejo, President, Miyetti Allah Kautal Hore, and six others for 60 days pending the conclusion of the investigation.
Justice Emeka Nwite gave the order following an ex-parte motion moved by counsel to the DIA, I.O. Odom, seeking the order to detain the seven respondents for the period in the first instance.
The News Agency of Nigeria (NAN) reports that the DIA, in the motion ex-parte marked: FHC/ABJ/CS/1875/V/2024 had sued Bodejo, Suleiman Abba, Umar Jibrin, Umar Bello, Muhammed Ayuba, Jibrin Baba and Saidu Wakili as 1st to 7th respondents respectively.
The DIA, in the motion dated and filed on Dec. 16 by Mrs N.F. Bala sought one prayer.
That is “an order of this honourable court enabling the applicant to detain the respondents for sixty (60) days in the first instance pending the conclusion of investigation.”
In the affidavit deposed to by Bonny Ozegbe, an investigating officer with DIA, he said the respondents were arrested by the Nigerian Armed Forces in Nasarawa State and were brought to DIA on Dec. 11 for further investigation regarding the suspected crimes against them and their possible prosecution by the appropriate agency.
Ozegbe alleged that all the respondents were arrested for the alleged offence of banditry and illegal arms possession.
According to him, the preliminary investigation report against the respondents reveals that they were involved in an attack against a military formation deployed to Nasarawa State during an attack on farmers and farmlands within the area.
He said the attack resulted in grievous injuries against personnel of the Nigerian Armed Forces and other civilians as well as carting of arms and ammunition belonging to the military personnel.
“During the operation that led to the arrest of the respondents, several weapons were recovered from the respondents including Ak47 rifles and ammunitions as well as other dangerous weapons.
“The preliminary investigation report also revealed that the 2nd to 7th respondents who were involved in the incident carried out the attacks in Nasarawa State on the instructions of the 1st respondent (Bodejo) who is their leader,” he alleged.
Ozegbe said this was not the first time Bodejo was being arrested for issues relating to insecurity in North Central Nigeria.
He said the investigation of the alleged crimes against the respondents is still ongoing, including trailing for the arrest of the fleeing accomplices and accessories, hence their safekeeping.
“If the respondents are released into society, there is a likelihood that they will continue to commit the same, similar or more serious offences,” he said.
He said if they are released into society, there is a likelihood that they will jump bail and evade trial and that they may also tamper with the ongoing investigation.
“| strongly believe that the respondents pose a grave threat to national security and the entire Nigerian citizenry at large.
“A court order is necessary to remand them in Defence Intelligence Agency’s custody pending the conclusion of their investigation and arraignment in court,” he said.
The official said it would be in the interest of justice to grant a remand order of 60 days in the DIA custody pending the conclusion of their investigation and arraignment in court.
When the matter was called, Odom said he had an ex-parte motion dated Dec. 16.
“What is the nature of this matter?” the judge asked.
Odom said the application sought the detention of the respondents.
“Why are you detaining them?” the judge asked.
The lawyer said it was on allegations of banditry and illegal possession of firearms.
The judge asked when were they arrested and Odom said on Dec. 11.
Justice Nwite said Odom had only presented his own side of the story which the respondents may deny.
“Why I am asking this is that you have presented your own side of the story,” he said.
After he was granted the leave to move the motion, the lawyer said the application was filed pursuant to Section 66(1) of the Terrorism (Prevention and Prohibition) Act, 2022, and under the inherent jurisdiction of the court.
He said it sought an order detaining the respondents for a 60-day period in the first instance, pending the conclusion of an investigation.
Delivering the ruling, the judge said after listening to Odom, he found that the application was meritorious.
“The prayer is hereby granted,” he said.
Justice Nwite adjourned the matter until March 3, 2025, for mention.
NAN reports that an FCT High Court, presided over by Justice Mohammed Zubairu, had on Monday, ordered Bodejo’s release from the detention of the Department of State Service (DSS).
Justice Zubairu, in a ruling, described Bodejo’s detention since Dec. 9 after his arrest and without being charged to court as unlawful.
Justice Zubairu made the order following an application for the order of habeas corpus subjiciendum moved against the respondents by Bodejo’s lawyer, Reuben Atabo, SAN.
The judge held that the application was meritorious having not been challenged by the Attorney-General of the Federation (AGF) and the DSS DG, who were 1st and 2nd respondents in the fundamental right enforcement suit.
