A Federal High Court, Abuja, on Wednesday, discharged the President of Miyetti Allah Kautal Kore, Bello Bodejo, of alleged terrorism charge filed against him by the office of the Attorney-General of the Federation.
Justice Inyang Ekwo, in a short ruling, discharged Bodejo after counsel for the AGF, Aderonke Imana, moved an oral application for the withdrawal of the three counts.
Upon resumed hearing, Imana informed the court that she had an oral application.
The lawyer said the application was pursuant to Section 108 of the Administration of Criminal Justice Act (ACJA), 2015.
She said the request was further predicated on the power of the AGF under Section 174 of the 1999 Constitution (as amended).
“Consequently, the Honourable Attorney-General of the Federation has instructed me to withdraw this charge against the defendant in the interest of justice.
“That is our humble application, my lord,” she said. Bodejo’s lawyer, Ahmed Raji (SAN), did not oppose the application.
The senior lawyer thanked the AGF, Lateef Fagbemi (SAN), for his “magnanimous gesture.”
“We urge your lordship to discharge the accused person under the sections referred to by the prosecutor,” Raji said.
Ruling, Justice Ekwo said though the matter was slated for commencement of trial, however, the prosecution applied to withdraw the charge, citing relevant sections of the law
“The court is hereby moved to consider the application for the discharge of the defendant. Consequently, an order is hereby made discharging the defendant. That is the order of this court,” the judge declared.
Bodejo was arrested on the alleged raising up of an armed militia detriment to the nation’s unity.
The Miyetti Allah leader, who was arrested on January 23 in Malia, Nasarawa State and kept in the custody of the Defence Intelligence Agency (DIA), was arraigned on March 22 in a charge marked: FHC/ABJ/CR/141/2024.
Although he was arraigned on three counts bordering on terrorism, he pleaded not guilty, and the court ordered his remand in the Defence Intelligence Agency (DIA)’s facility pending the hearing and determination of the case.
Bodejo had, on April 3, applied for bail through his lawyer, Raji, arguing that he had no criminal record.
Giving nine grounds why he should be granted bail, Bodejo said the offences with which he was charged were bailable ones.
According to him, his reputation attested not only to his reliability and credibility, but also to the fact that he will not jump bail if his application was granted.
He argued that by Section 36 (5) of the 1999 Constitution (as amended), he was presumed innocent until proven guilty.
While moving the bail application on April 30, Raji argued that the counter-affidavit filed by the Federal Government did not discharge the burden placed on it.
He said this was so because the counter-affidavit had not disclosed “any reason why the applicant should not be admitted to bail.”
Besides, he said, the prosecution, in their response, did not say Bodejo committed act of terrorism, rather, he was said to have formed a group.
He said the name of the group formed by the defendant was interpreted in English as “Association for Peaceful Co-existence.”
According to the lawyer, everything he (Bodejo) did was done in public; the commissioner of police was there at the launch of the group; the governor’s representative was there, etc.
Raji said the aim of establishing the vigilante group was to render security services to members of the society and promote peace but not to commit any act of terrorism.
Responding, Imana disagreed with Raji. The government lawyer prayed the court to refuse the bail plea in its entirety because it had no merit.
In the counter-affidavit, the lawyer said Bodejo was standing trial for terrorism-related offences bordering on establishment of an ethnic militia in Nasarawa State, management and participation in activities connected with acts prejudicial to national security and public safety.
Justice Ekwo, on Monday, dismissed Bodejo’s bail plea and fixed Wednesday (today) for commencement of trial.(NAN)
