Court rules on President Miyetti Allah's bail application March 22nd
The Federal High Court in Abuja on Wednesday fixed March 22 for judgment on a petition filed by detained President Miyetti Allah Kautal Hole, Bello Bodejo.
Justice Inyang Ekwo fixed the date after Bodejo’s lawyer, Sheriff Mohammed and Attorney General of the Federation (AGF) lawyer YA Imana adopted their respective processes and submitted arguments for and against the motion.
The News Agency of Nigeria (NAN) reports that Justice Ekwo, on March 5, decided today to hear Mr. Bodejo’s notice petition seeking unconditional release from Defense Intelligence Agency (DIA) custody.
The judge revised the date after the federal government failed to present Bodejo in court for arraignment after a seven-day order directing the federal government to file charges against him expired.
On February 22, Justice Ekwo gave the federal government seven days to file charges against the detained Bodejo.
The judge ordered Bodejo remanded to DIA custody for 15 days pending the conclusion of the investigation, following the expiry of the earlier order granted to the AGF office.
NAN reports that the Federal Government, in an ex parte motion marked FHC/ABJ/CS/141/2024, has sent Bodejo, the sole accused, to NIA custody pending investigation and arraignment in court. He said he was seeking an order to reinstate him.
The motion was dated and submitted to the office of the AGF and Minister of Justice on February 5th by the Director of Public Prosecutions of the Federation, Mr. MB Abubakar.
Bodejo is said to have been arrested and detained in Malia, Nasarawa State on January 23.
His arrest was made on suspicion of forming an armed militia in violation of the Constitution of the Federal Republic of Nigeria and to undermine national unity.
According to the FG, the suspects are being investigated for crimes posing a threat to national security under the Terrorism (Prevention and Prohibition) Act 2022.
When the hearing resumed on Wednesday, the sheriff told the court that the matter was scheduled for hearing on an application and that he was prepared to proceed with the matter at the convenience of the court.
In response, Imana also said he was ready to take action on behalf of the government.
“What were you preparing for? What is the verdict of this court?” the judge asked Imana.
FG's lawyer then explained that the court ordered the prosecution to indict and arraign the defendant.
“The charges were filed yesterday and we are awaiting the defendant's release,” she added.
“Can you hear yourself? Did the court tell you to sue?
“Where is the proof that you have complied with the court order?” Justice Ekwo asked.
But the sheriff did not agree with Imana's submission that charges had been filed.
Defense lawyers say the alleged one-count charge is in breach of Orders 3 and 4 of the Federal High Court Criminal Practice Directive 2013 and therefore cannot be properly brought before the court.
“I haven't seen the charges they filed. So let's not go there,” the judge replied to the sheriff.
Meanwhile, while filing the motion, the sheriff said the application dated February 26 was filed in accordance with the relevant laws.
He said the application seeks an order granting Mr Bodejo bail pending his arraignment in a court of competent jurisdiction.
He said the motion was supported by a 14-paragraph affidavit and they relied on all consents.
In response to the prosecution's counter-affidavit, the sheriff said a better affidavit containing answers to key points of law was filed on March 8.
“We request His Highness to generously grant bail pending his arraignment in a court of competent jurisdiction,” he prayed.
Imana, for her part, said the prosecution filed a four-paragraph counter-affidavit dated March 6 in opposition to the bail motion.
He said he relied on and accepted all the arguments in asking the court to deny Bodejo's bail motion because the matter involved national security issues.
Justice Ekwo adjourned the matter until March 22 for judgment.
Source: guardian.ng