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JUDICIARY

Court Orders DSS to Release Miyetti Allah’s President Pending Trial

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An Abuja High Court has ordered the Department of State Services (DSS) to release the detained President of Miyetti Allah Kautal Hore, Alhaji Bello Bodejo, pending his trial.

Justice Mohammed Zubairu, ordered the Attorney-General of the Federation, Chief Lateef Fagbemi, and Director-General of the DSS, Mr Adeola Ajayi, to immediately admit him to adminstrative bail.

Justice Zubairu, a vacation judge, made the order after an ex-parte motion moved by Bodejo’s counsel, Reuben Atabo, SAN.

Although the motion ex-parte, marked: M/16976/2024, was moved by Atabo on Monday, the certified true copy of the order was made available to newsmen on Tuesday.

Daily Asset earlier reported that Bodejo, in the motion dated and filed on Dec.

19, had prayed the court to order his release from the detention of State Security Service (SSS), also known as DSS, pending the hearing and determination of the substantive application.

He also sought an order granting him leave to apply for the order of habeas corpus subjiciendum against the respondents.

Habeas corpus subjiciendum is a Latin phrase and a legal term used to describe a writ that is directed to someone who is detaining another person to inquire into the legality of the detention.

The Miyetti Allah president sued the AGF and the DG of SSS as 1st and 2nd respondents.

He sought “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 subjiciendum.”

Delivering the ruling, Justice Zubairu acknowledged the statutory powers of the respondents to prevent crime and criminality which include arrest, detention ond prosecution of offenders.

The judge, however, held that these powers are subject to constitutional limits/restrictions as provided under Section 35 of 1999 Constitution, which stipulates that a suspect can only be detained within 24 or 48 hours.

According to him, the 24 or 48 hours is sacrosanct

The judge said: “Courts must be ready and up and doing to ensure’ the constitutional provisions are adhered to and not violated.

“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 Carpus.

“Consequently. leave is hereby granted to the applicant to so apply. i so hold.

“I further order the applicant shall file the substantive application within 24 hours from today for the purpose of determining the merit or other wise of the application.

“In a society like ours where we operate constitutional democracy, an individual ought not to be detained beyond the constitutionality guaranteed period without an order of the court.

“From the available facts, the applicant has not been arraigned before any court since 9th of December, 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 judge adjourned the matter until Dec. 30 for hearing. “(NAN)

JUDICIARY

Judiciary Workers Threaten Strike from June 2

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The Judiciary Staff Union of Nigeria (JUSUN) has directed its members in all federal courts nationwide and other judicial institutions to withdraw their services from June 2.Mr Mustapha Laminu, National Vice President, North Central said this in a statement signed and issued on Friday in Abuja.

Laminu said the strike had become imperative to press home its demands as their members were yet to receive the one month wage award recently paid by government.
According to him, this action is to protest against the non payment of five months arrears of wage award, non implementation of N70.000 national minimum wage and the non implementation of the 25/35 per cent salary increase.“The union had written severally to the management on the need to see reasons through 21 day ultimatum, seven days ultimatum and have to shelve the action following the intervention of my lord the Chief Justice of Nigeria.
“It is unfortunate that the Judiciary, as an arm of government, is being punished while other arms of government have since been enjoying.“All what we are saying is that our members are stoning us, accusing us of compromising considering the unfold hardship brought about by government policies.“We will continue this action until and unless the government pay us this money,” he said.Laminu alleged that they gathered that the Ministry of Finance had released the new amount to the Accountant General of the Federation but he refused to pay the Judiciary.He therefore called on all Chapters chairmen to ensure compliance to the directive. (NAN)

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CRIME

Court Remands 18-year-Old Student for Alleged Murder 

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A Makurdi Chief Magistrates’ Court on Friday ordered the remand of an 18-year old student, Joseph Chive, at a Makurdi Correctional Centre for allegedly killing a 14-year-old girl.

Chive, who lives at Veterinary Layout, Northbank, Makurdi, was charged with illegal possession of firearms and culpable homicide.

The Chief Magistrate, Mr Kevin Mbanongun, did not take the plea of the defendant for want of jurisdiction.

He remanded the defendant and adjourned the case until Aug. 28 for mention.

Earlier, the prosecutor, Insp Godwin Ato, told the court that  the defendant committed the offences on May 25, at Veterinary Layout, Northbank, Makurdi.

He said the case was reported  at the ‘C’ Division Police Station, Northbank, Makurdi, by the deceased’s father, Mr Victor Ayom.

According to him, the defendant had an altercation with the victim, a 14-year-old girl, Mimidoo Victor.

“While the altercation was going on, the defendant rushed into his room, brought a loaded dane gun and shot the girl on the head.

“The defendant was arrested during police investigation and he confessed to  the crime.

“The dane gun was recovered from him,” Ato said.

The prosecutor said the offences contravened Section 3(1) of the Robbery and Firearms Act, 2004 and Section 222 of the Penal Code, Laws of Benue, 2004. (NAN)

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CRIME

Man Jailed 14 years for Attempted Sexual Assault on Minor

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An Ikeja Sexual Offences and Domestic Violence Court on Friday sentenced a man, Damilare Adewale to 14 years imprisonment for attempted sexual assault on a 14-year-old girl, (name withheld).

Justice Rahman Oshodi convicted and sentenced Adewale to 14 years imprisonment, following his plea bargain agreement to the amended one-count charge of attempted sexual assault by penetration.

The convicted was arraigned on the charge of defilement in which he had pleaded not guilty to on Nov.

29, 2021.

The prosecution, bearing the burden of proof pursuant to section 135(1) of the Evidence Act 2011, adduced evidence through two witnesses, the survivor and her guardian, both of whom were subjected to extensive cross- examination by defence.

The survivor, in her testimony, had told  the court she was on her way to a barbing shop when the convict, who lived in her  neighbourhood, accosted and dragged her to his room.

The survivor had further told the court that the convict had expressed his desire to take her to his house but when she refused, he forcibly dragged her to his residence, where he pushed her onto his bed, removed her undergarments and defiled her.

The survivor had also testified that she was crying and shouting during the ordeal and observed blood resulting from the convict’s  actions.

She had confirmed to the court that she was 14 years of age and that it was her first encounter with the convict.

The prosecution, had, however informed  the court on May 27 and said that the convict had opted for plea bargain, which  necessitated the amended charge.

Oshodi, while delivering the judgment, said that he was satisfied that the convict was competent to enter an informed plea and made the guilty plea without oppression.

He said: “Damilare Adewale, you have pleaded guilty to the offence of attempt to commit sexual assault by penetration contrary and I have accepted your plea and convicted you accordingly.

“I must emphasise that you were initially charged with the more serious offence of defilement, which carries the prescribed punishment of life imprisonment under the Criminal Law.

“However, through the plea bargain process, you have pleaded guilty to the lesser charge of attempt to commit sexual assault by penetration under section 262, which carries a maximum sentence of 14 years’ imprisonment.

“I have carefully considered your plea for mercy, you told this court that you gained admission to the Open University and learned other useful trades in the Kirikiri Mximum Security Custodial Centre.”

The court thereafter convicted him him on the amended charge.

“After serving your sentence, I believe what you have learned will assist your reintegration into society.

“Having considered all the circumstances of this case, including the seriousness of the offence, the impact upon the victim, your guilty plea, and the terms of the plea agreement, I endorse the agreed sentence of 14 years.

“I hereby sentence you to 14 years’ imprisonment, commencing on 13 August 2020, the date of your remand in custody,” Oshodi said.

The judge also  ordered  that  the convict’s name be registered as a sexual offender under sections 33 and 38 of the Domestic and Sexual Violence Agency Law of Lagos State, 2021. (NAN)

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