Justice Inyang Ekwo of the Federal High Court, Abuja, Wednesday discharged the leader of Miyetti Allah Kautal Kore, Bello Bodejo of an alleged terrorism charge filed against him by the office of the Attorney-General of the Federation, AGF.
Justice Ekwo discharged Bodejo after counsel for the AGF, Aderonke Imana moved an oral application for the withdrawal of the three-count charge.
At the resumed hearing on Wednesday, Imana informed the court that she had an oral application.
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The lawyer said the application was under 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), adding that the Attorney-General of the Federation had instructed her to withdraw the charge against the defendant in the interest of justice.
Counsel to Bodejo did not oppose the application, thanking the AGF for his magnanimous gesture.
His lead counsel, Ahmed Raji subsequently urged the court to discharge the accused person under the sections referred to by the prosecution.
In his ruling, the judge said that though the matter was slated for commencement of trial, 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.
Mr Bodejo was arrested for the alleged raising of an armed militia.
The Miyetti Allah leader, who was arrested on January 23 in Malia, Nasarawa and kept in the custody of the Defence Intelligence Agency was arraigned on March 22 in a charge marked FHC/ABJ/CR/141/2024.
Although he was arraigned on a three-count charge bordering on terrorism, he pleaded not guilty, and the court ordered his remand in the Defence Intelligence Agency facility pending the hearing and determination of the case.
On April 3, Mr Bodejo applied for bail through his lawyer. The detained leader of Miyetti Allah told the court that he had no criminal record.
Given nine grounds for granting bail, Mr Bodejo said the offences he was charged with were bailable. According to him, his reputation attests not only to his reliability and credibility but also to the fact that he will not jump bail if this application is granted.
He argued that by section 36 (5) of the 1999 Constitution (as amended), he is 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 because the counter 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 Mr Bodejo committed an act of terrorism. Rather, he was said to have formed a group.
He said the group’s name, formed by the defendant, was interpreted in English as “association for peaceful co-existence.”
According to the lawyer, everything Mr Bodejo did was public, and a police commissioner and the Nasarawa governor’s representative attended the group’s launch.
Raji said the aim of establishing the vigilante company was to render security services to the members of the society and promote peace but not to commit any act of terrorism.
Responding, Ms Imana disagreed with Mr 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 bothering the establishment of an ethnic militia in Nasarawa, management and participation in activities connected with acts prejudicial to national security and public safety.
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