By: Monday Danladi, Bauchi
A High Court of the Federal Capital Territory in the Abuja Division holden at Maitama presided over by Hon. Justice Mohammed Zubairu (Vacation Judge) has ordered that Alh (Dr) Abdullahi Badejo Bello, presently in detention, be produced before it at the next adjourned date or be granted administrative bail.
The Court also granted him leave to apply for an Order of Habeas Corpus consequent to a motion No: M/16976/2024 between Alhaji (Dr.) Abdullahi Badejo Bello, Applicant and the Honourable Attorney -General of the Federation and Minister of Justice and the Director General, State Security Service / Respondents
The Court Order papers dated 23rd December 2024 obtained by Tribune On reads: “Upon Hearing the Motion on Exparte dated 19th December, 2024 and filed 19th ofDecember, 2024 with Motion No: M/16976/2024 by R.O Atabo SAN attached with an 8 paragraph affidavit sworn to by Hauwa Muhammad Bodejo for the Applicant.”
The Applicant was praying for the following Orders: An Order granting leave to the Applicant to apply for the Order of Habeas Corpus Subjuciendum against the Respondents.
An Interim Order directing the Respondents to forthwith produce the Applicant from detention for him to be released, pending the hearing and determination of the substantive Application for Habeas Corpus Subjuciendum and any other order as the Court may deem fit to make as the justice of the case may demand.
The Court thereby ordered as follows:
The instant application is brought principally pursuant to Order 47 of the rules of this Court and Sections 33, 34, 35 and 36 Constitution of the Federal Republic of Nigeria 1999 as amended.
The substance of the application is seeking for leave of this court for the applicant to apply for an order Habeas Corpus against the Respondents and also directing the Respondent to produce the Applicant from detention to be released pending the hearing and determination of the Habeas Corpus application.
The 10 paragraphs affidavit in support of the present application are facts clearly shown that the applicant has been detained by the Respondent since the 9/12/2024.
The Court observed that, “By the provision of section 35Constitution of the Federal Republic of Nigeria 1999 (as amended) every person is entitled to freedom of personal liberty, and shall not be detained beyond the period of 24 or 48 hours as the case may be.”
The Court also acknowledged the statutory powers of the Respondents to prevent crime and criminality which include arrest, detention and prosecution of offenders.
“But these powers are subject to constitutional limits/restrictions as provided under the statutory powers of the Respondents to prevent crime and criminality which include arrest, detention and prosecution of offenders but these powers are subject to constitutional limits/restrictions as provided under Section 35 of Constitution of the Federal Republic of Nigeria 1999 in other words, the 24 or 48 hours is sacrosanct,” The Court stressed
It added that, “Courts must be ready and up and doing to ensure the constitutional provisions are adhered to and not violated.”
The Court explained that, “In the case at hand, 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. Consequently, leave is hereby granted to the Applicant to so apply. I so hold.”
The Judge added, “I further order the Applicant shall file the substantive application within 24hours from today for the purpose. of determining the merit or other wise of the application.”
Justice Mohammed Zubairu stressed that, “In a society like ours where we operate constitutional democracy, an individual ought not to be detained beyond constitionalityguaranteed the period without an order of the Court.”
He added that, “From the available facts, the Applicant has not been arraigned before any Court since 9/12/2024. On this ground, I order the Respondents to produce the applicant before this Court pending the hearing and determination of the application for Habeas Corpus or the Respondent should grant the Applicant an administrative bail.”
The Court then adjourned to the 30th of December, 2024 for Hearing.
