JUDICIARY
Court Orders DSS to Release Bodejo, Says Detention Unlawful

An Abuja High Court on Monday, ordered the release of Alhaji Bello Bodejo, President of the Miyetti Allah Kautal Hore, from the Department of State Service (DSS) detention.
Justice Mohammed 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 are 1st and 2nd respondents.
“The applicant is hereby released from the 2nd respondent’s detention,” he declared.
Justice Zubairu, however, said that Bodejo’s release from detention is not tantamount to an acquittal.
He, therefore, ordered Atabo, who appeared for him, to ensure that Bodejo is produced before the respondents should there be any reason to file charges against him.
He equally warned the respondents not to detain him beyond the constitutional provisions.
Report says that Bodejo, in an ex-parte motion marked: M/16976/2024, sued the AGF and DSS DG.
Bodejo, in the motion dated and filed on Dec. 19, had prayed the court to order his release from the detention of 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.
Report says that 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.
Justice Zubairu grant leave to Bodejo’s lawyer to apply for an order of habeas corpus.
He also ordered that the substantive application be filed within 24 hours from the day tye order was made for the purpose of determining the merit or other wise of the application.
The judge held that having found out that Bodejo was yet to be arraigned before a court of law since his arrest, made an order that he should be produced before the court today, Dec. 30, or admit him to an administrative bail.
When the matter was called on Monday, Atabo informed the court that Bodejo was yet to be produced in court.
He, however, said that the respondent’s lawyer told him that his client was within the court premises.
He sought a stand down for him to be produced in court.
When the court reconvened, Bodejo, in company of security agents, walked into the courtroom.
Atabo then informed the court that his client was in court and that he was ready to move their substantive motion slated for today for hearing.
He said the motion, dated Dec. 24, was filed “pursuant to your lordship order that we should filed within 24 hours.”
He said it was also brought pursuant to Order 47 of the Civil Procedure Rules of the court and in compliance with Sections 34, 35, 36 of the 1999 Constitution.
“We sought for your lordship order of habeas corpus subjiciendum commanding the respondents to produce the applicant from custody for the purpose of being released from detention and for such further order,” he said.
He said the application was supported by a 13-paragraph affidavit deposed to by Hauwa Bodejo, the senior wife to the applicant.
According to Atabo, before your lordship, there is no counter affidavit in opposition to the deposition of Hauwa Bodejo.
Citing a previous case, the senior lawyer argued that where there is affidavit and there is no opposition, it is deemed to be correct.
“We urge your lordship to deem the deposition of Hauwa Bodejo as the correct deposition,” he said.
The lawyer further said that Bodejo had been in detention from Dec. 9 and had not been charged to court.
“This is contrary to the provision of our constitution.
“We urge the court in the interest of justice and respect for the constitution of Federal Republic of Nigeria to invoke your judicial power under Order 47 to release the applicant in custody,” he prayed.
Atabo undertook to produce Bodejo before the court in the event of prosecution by the state.
Although the AGF was not represented in court, the DSS counsel, A.M. Danlami, told the court that they had not filed any counter affidavit in opposition to the applicant’s affidavit.
Danlami, who said he was not opposed to the application for Bodejo’s release, urged the court to make an order that Bodejo should be produced to the respondents in the event a charge is preferred against him.(NAN)
JUDICIARY
UPDATE: Court Admits Defence Videos As Evidence in Nnamdi Kanu’s trial

The Federal High Court in Abuja on Thursday, admitted in evidence videos of Gen. Theophilus Danjuma (rtd.), Gov. Hope Uzodinma of Imo and the Director General of Department of State Services (DSS), Adeola Ajayi, in Nnamdi Kanu’s Defence.
Justice James Omotosho admitted the flash drive containing the three separate video recordings as Exhibit PW-P and a certificate of compliance as Exhibit PWP-1 in the ongoing terrorism trial of Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB).
The documents were admitted in evidence after Paul Erokoro, SAN, counsel for Kanu, tendered them from the bar and were not opposed by the Federal Government’s lawyer, Adegboyega Awomolo, SAN.
The three video recordings were played in the open court and the FG’s witness, an operative of the DSS, identified as BBB, was crossed examined by Erokoro.
Earlier, the lawyer reminded the witness that during the cross examination the previous day, reference was made to remarks by Danjuma and the DSS DG and he responded in affirmative.
“Do you know your DG and if you see him, will you recognised him,” Erokoro asked.
“Yes, I will my lord,” BBB responded, and the lawyer sought the leave of the court for the video to be played.
In one of the videos, the DSS DG was addressing a gathering of people where he suggested that communities should endeavour to create a first line of defence against bandits and other invaders.
In the video, Ajayi cited examples of two communities; Azare and Tafawa Balewa in Bauchi State, that were able to kill and dislodge Boko Haram insurgents through collective effort when he was serving as state director.
He, however, said that such effort must be done under the guidance and approval of the security agencies.
The DG said it was practically impossible for security agencies to protect every society in the country.
The DSS boss was heard saying: “The practical approach to mobilising people is to get everyone involved. It is impossible for the security agencies to deploy to every part of the country.
“What we need to do is to make communities set up first line of defence.
“We have to allow some levels of armament for the communities to rise and defend themselves first, but under the guidance and approval of security agencies. The time to start it is now.”
When asked by Erokoro whether the DG DSS was not asking for communities to defend themselves, the witness emphasised that the DG stressed that such communities must come for guidance and approval from security agencies.
In another video, former Defence Minister, Gen. Danjuma, was shown making a remark in an event.
Danjuma was heard, in the video, saying members of the armed forces were not neutral in the ongoing killings across the country.
The ex-General said in the video: “the peace in this state is under threat. There is an attempt for ethnic cleansing in this state and all the riverine states of Nigeria. We must resist it. We must rise up.
“The armed forces are not neutral. They collude with armed bandits that killed Nigerians, they facilitate their movement. They cover them.
“If you are depending on the armed forces to protect you, you will all die one by one.”
When asked by Erokoro who the speaker in the video was, the witness confirmed that he was Danjuma.
Erokoro then asked the witness if he heard Danjuma calling on people to defend themselves and that the security agencies were not neutral and BBB responded in affirmative.
BBB, however, rejected Erokoro’s request to give his (BBB’s) opinion on the implication of what Danjuma said.
“I am not here to interpret his statement. The maker of the video should be the one to interpret it himself,” he said.
When the lawyer asked him if he was aware DSS arrested Danjuma for making the statement, the witness said: “I am not aware my organised arrested him.”
The third video showed Gov. Uzodinma complaining about the killings of some All Progressives Congress (APC)’s leaders in his state and blamed it on the politicians.
The governor said in the video: “Wicked politicians are sponsoring the killings in Orlu. The APC leaders were killed but not one PDP leader has been killed or attacked for once.
“I think there cup is now full and killings of innocent people must stop in Imo.”
Uzodinma, who said it occured to him that the alleged killers were after APC members, said government would come hard on them if they failed to refrain from such act.
When asked who the speaker was, the witness said it was Gov. Uzodinma.
Erokoro then asked BBB whether Uzodinma’s position did not contradict his claim in court that IPOB members were behind killings in Orlu in Imo.
Responding, the witness said DSS’ position was informed by the outcome of their investigation.
BBB further said that, while Uzodinma failed to mention names of victims of the killings he referred to, the DSS’ investigation was specific on the identity of those killed by suspected IPOB members, who were enforcing the sit-at-home order directed by Kanu.
“Our investigation revealed those who were killed by suspected IPOB members and we mentioned their names, but the governor did not mention any name of people he said were killed,” the witness said.
BBB, who was the 2nd prosecution witness (PW-2), was also cross examined by Ekororo based on his earlier testimony.
When asked about the IPOB status, the witness said he was aware that IPOB had been proscribed by an order of court and that Kanu had been a member of IPOB before and after its proscription.
On whether he knew what the EndSARS protest was about, the witness said it was about the call by some people for the police’s Special Anti Robbery Squad (SARS) to be scrapped.
The witness also said he was aware that some states, including Lagos and the National Human Rights Commission (NHRC) constituted commissions of enquiry to probe the EndSARS protest and other related incidents.
When he was asked to read the heading of the report of the panel, the witness said: “Lagos State Panel of Judicial Enguriy on Restitution of Victims of EndSARS Protest and Other Matters.”
The witness agreed with Erokoro that the report from the commission set up by Lagos State did not indicate IPOB and that it did not classify the protest as act of terrorism.
Erokoro tendered the report issued by the Lagos’s commission of enquiry, which the court admitted in evidence as Exhibit PWO after it was not opposed by FG’s lawyer, Chief Adegboyega Awomolo.
When he was asked if Kanu’s international passport had ever been in DSS custody, the witness said he had never seen the passport before.
When asked if he was aware Kanu had travelled to different countries before, BBB said the IPOB leader told him he had travelled to many countries.
He said though he did not know if the name, “Biafra,” had been proscribed, BBB said he was aware that IPOB had been proscribed.
The witness, who admitted that the AGF letter was tendered through him in court, said he was aware of all the allegations against Kanu mentioned by the AGF in the letter.
The witness disagreed with Erokoro that the letter did not serve any useful purpose.
He said he did not know if Kanu had been in detention for the past five years.
When asked if he had the report of the investigation on Kanu, BBB responded in affirmative.
He, however, said that the report was not with him in court because the report belongs to the government.
The witness said his involvement in Kanu’s matter was only the taking of his statement on the video.
When asked if there were any other persons as defendants in the charge against Kanu, BBB said it was only Kanu he saw as sole defendant.
Erokoro put the question to BBB that in the earlier video he watched, there was no one bearing arms as members of ESN.
Responding, the witness said: “In the video we watched, I cannot say they carry arms or they did not carry arms.”
The witness further explained that the people might be carrying arms underneath them.
While responding to question during re-examination by FG’s lawyer, Chief Adegboyega Awomolo, SAN, on whether the Eastern Security Network (ESN) set up by Kanu and Amatekun established by south west states had the same features in their formation, the witness said ESN was an illegal group unlike the Amotekun.
The witness said Amotekun was backed by laws, passed by the various houses of assembly of the six south west states while ESN had no law supporting its existence.
“ESN and Amotekun are not the same. I know that states in the South West passed laws to legalise Amotekun. But, ESN is not registered.
“ESN is illegal. Amotekun is recognised by law,” the witness said.
Justice Omotosho, then discharged BBB from the witness box.
The judge, before adjourning for the day, gave the prosecution six days within which to call all its witnesses and conclude its case.
He said this would, however, depend on how fast the defence too conduct their cross examination.
Justice Omotosho also indicated that the defence would be allocated nine days
He reminded parties that accelerated hearing had been granted in the case so that the trial could be concluded within reasonable time in the interest of justice.
The judge, following an agreement by lawyers to parties, adjourned until May 28 and May 29, June 6, June 16, June 18 and June 19 for the prosecution to conduct its case.(NAN)
CRIME
Music Teacher Bags Life Imprisonment For Defiling 9-year-old Pupil

An Ikeja Sexual Offences and Domestic Violence Court on Wednesday sentenced a 35-year-old music teacher and counselor, Anthony Okeh, to life imprisonment for defiling a nine-year-old, JSS 1 pupil name withheld)
That Justice Abiola Soladoye in her judgment held that the prosecution had successfully discharged the burden of proof of the charge of defilement against Okeh.
According to her, Okeh is a pathological liar, soulless man without any iota of shame, and everything a teacher should not be for having unlawful sexual intercourse with his pupil.
Soladoye said the case was a direct evidence as the survivor was in court to narrate her sexual ordeals in the hands of the music teacher; a sexual predator.
She added that the evidence of the survivor was lucid, cogent, unequivocal and compelling and the denial of the convict did not hold waters.
“To the mind of this court, the denial of the convict is a form to distance himself from the crime.
“The convict is a pathological liar whose evidence is an after thought and I do not believe him at all.
“I do not believe the other three defence witnesses as well, because their evidences were devoid of truth and they were tainted witnesses.
“Cases are not won on the number of witnesses presented to testify before the court but on the quality of evidence adduced that are credible, convincing and compelling,” the judge said.
The judge added that the survivor in her testimony had narrated how the convict called her upstairs into the music room, where he showed her different nude pictures, claimed to be a cultist and threatened to kill her if she ever told anyone.
“The survivor recognised the man in the box as her music teacher who defiled her more than two times in the music room.
“The testimony of the Investigative Police Officer (IPO) is corroborated by the testimony of the survivor when she said that the mother of the girl noticed her reluctance to go to school and she later confessed to her mother what the convict had been doing to her.
“The IPO said that the mother of the survivor (nominal complainant) reported the case to the police.
“Statement of the nominal complainant was admitted into evidence,” Soladoye added.
She therefore convicted Okeh of the one-count charge of defilement and consequently sentenced him to life imprisonment.
Soladoye also ordered that the convict’s name be registered in the Lagos State Sexual Offences Register.
She also called on school proprietors and proprietress to recruit teachers with high moral standards to teach in their schools so as to avoid dent on their institutions.
“All stakeholders in the administration of criminal justice must form a strong collaboration in combating sexual violence offences so as to protect the dignity, mental health, physical and psychological trauma of survivors in such cases,” she said.
The State Counsel, Miss Abimbola Abolade presented two witnesses; the survivor and an investigative police officer while the Defence called four witnesses.
Abolade told the court that the convict committed the offence on Sept. 6, 2022 at Lachez O International School, Agege, Lagos.
The prosecution submitted that the convict had unlawful sexual intercourse with the minor by penetrating her vagina with his penis.
According to the prosecution, the offence contravenes Section 137 of the Criminal Laws of Lagos State, 2015. (NAN)
CRIME
Court Remands Man For Allegedly Killing His Father

An Iyaganku Magistrates’ Court in Ibadan on Wednesday, ordered that a 27-year-old man, Musa Lamidi should be remanded in a correctional facility for allegedly killing his father, Rufai,
The police charged Lamidi, whose address was not provided with murder.
The Magistrate, Mr Olaolu Olanipekun did not take the plea of Lamidi for want in jurisdiction.
He directed the police to return the case file to the Director of Public Prosecution (DPP) for legal advice.
He adjourned the case until July 10, for mention.
The Prosecutor, ASP Musbau Lawal, told the court that Lamidi committed the offence on May 11, at about 11 p.m, at Eruwa, Oyo State.
He alleged that Lamidi hit his father with a stick on the forehead, which caused his death.
He said the offence contravened the provisions of Section 319 of the Criminal Laws of Oyo State, 2000. (NAN)