The federal government, on Friday, arraigned the detained president of Miyetti Allah Kautal Hore, Bello Bodejo, at the Abuja Division of the Federal High Court, on a three-count charge bordering on terrorism.
Mr Bodejo, arrested on January 23 in Malia, Nasarawa, and kept in the Defence Intelligence Agency’s (DIA) custody, was arraigned before Justice Inyang Ekwo.
Mr Bodejo’s arrest was predicated on the alleged raising of an armed militia to the detriment of the nation’s unity, contrary to the constitution of the Federal Republic of Nigeria.
The government, in a motion ex parte marked FHC/ABJ/CS/141/2024, had sought an order to remand Bodejo, the sole respondent, in the NIA custody for 15 days pending the conclusion of the investigation and arraignment in court.
The motion was filed on February 5 by Mohammed Abubakar, director of public prosecution in the office of the AGF.
According to the government, the suspect is being investigated for offences threatening national security under the Terrorism (Prevention and Prohibition Act, 2022).
The judge detained ‘Miyetti Allah’ president, following the expiration of the 15-day order.
The accused’s counsel, Mr Sheriff, adopted and argued the motion filed on his client’s behalf on March 13, and the matter was fixed for today’s ruling.
Delivering the ruling on Friday, the judge observed that after the matter was adjourned on March 13, the prosecution filed an 11-paragraphed affidavit on March 15, stating that a charge had been filed against Bodejo on March 12 and that the defendant had been served.
He said the prosecution, which filed a counter affidavit opposing the plea for bail, also averred to produce him in court for arraignment.
The judge said, “A matter is said to be overtaken by event when something happens that has the capacity to change the original course of action, or, when there is a superseding course occurs that makes a previous course of action no longer a suitable pursuit.
“In judicial consideration, a matter overtaken by event means that by the prevailing circumstance, a previous course of action has lost its currency and by virtue of that, become academic.”
The judge consequently ordered Mr Bodejo to enter his plea to the charge against him in accordance with section 159 (2) of the Administration of Criminal Justice Act (ACJA), 2015.
Mr Sheriff, however, informed the court that though they were served with the amended charge late yesterday, he said they felt it was appropriate for his client to take his plea.
However, the detained Miyetti Allah president pleaded not guilty to the three counts after they were read to him.
Mr Abubakar, who appeared for the prosecution, prayed the court for them to call their witnesses in view of the plea of not guilty. He told the court that two witnesses had been listed to establish their case against Bodejo, though additional witnesses might be called.
However, Mr Bodejo’s lawyer argued that the arrangement was defective because the court’s leave was required before the amended charge could be read to his client.
He said the prosecution already filed a one-count charge before bringing up the amended one.
The judge then told Mr Sheriff to bring this up in the final address. Mr Abubakar, however, said that Mr Bodejo should continue to be detained in the DIA custody, and Justice Ekwo granted the oral application.
Mr Sheriff informed the court about Bodejo’s state of health and urged the court to direct the prosecution to give him proper medical treatment.
“My lord, when we came into the court, we heard the prosecuting counsel asking our client about his health. And when I enquired, he told me that he has been illed for a long time in the custody.
“We apply that the prosecution should provide necessary medical care to the defendant. We also apply that the defendant be allowed to have access to his counsel as provided by the constitution,” he stated.
The judge then directed the question to Mr Abubakar, who promised to ensure that Bodejo is given proper medical care.
The judge, however, warned against mobilising people to come around the court on each adjourned date to protest and distort proceedings.
“I don’t want the premises of the court distorted on day of trial. Tell the defendant. Those who are drumming, thinking it is a carnival, they will not face the trial,” he warned.
The judge, who said at least 10 family members of Bodejo would always be allowed in court, adjourned the matter until May 27, May 28, May 29 and May 30 for trial.
In count one of the amended charge dated and filed on March 21, Mr Bodejo, 38, was alleged to have committed an offence by establishing an ethnic militia known as ‘KUNGIYA ZAMAN LAFIYA’ in Nasarawa without authorisation.
The offence is punishable under section 29 of the Terrorism (Prevention and Prohibition) Act, 2022.
(NAN)