EDITORIAL: The Travails Of DSS

The State Security Service (SSS), also known as the Department of State Services (DSS) was established by the National Security Agencies (NSA) Act 1986 Cap.74LFN 2004 to among things, prevent and detect any crime against the internal security of Nigeria, and for the  Prevention, Detection and Investigation of threats of Espionage, Subversion, Sabotage, Terrorism, Separatist agitations, Inter-group conflicts, Economic crimes of National security dimension and threats to law and order.

In recent times the DSS has come under sustained attacks by a section of the media, especially since the arrest and detention of Nnamdi Kanu, leader of the separatists’ group IPOB, and the suspended governor of the Central Bank of Nigeria, Godwin Emefiele.

While it is within the rights of lawyers and supporters of these detainees who are being prosecuted to speak against what they perceive as injustice against their clients, it’s important for the public to know the truth and understand the role of the DSS.  It’s obvious that some mischief makers in the civil space are deliberately misinforming the public about the DSS—a worrying development that had forced the Service to deny several public media reports as fake news.

Traducers of the DSS have embarked on a pull-it-down mission by portraying it as a lawless organization that has no regard for rule of law, independence and autonomy of other government agencies including the Judiciary and Legislature. But these allegations are far from the truth. The same section of the media recently reported that the DSS invaded the Independent Corrupt Practices and other Related Offences Commission (ICPC) and Code of Conduct Bureau (CCB) and carted away certain files from them. This turned out to be false.

Of course, it did not matter to those behind the campaign of calumny against the DSS that the agencies allegedly invaded quickly denied that any such thing took place. Several variants of unsubstantiated and anonymous petitions against the DSS and its Director General, Yusuf Bichi, have been reported by the same tattlers.

But a statement issued on August 7 by Peter N. Afunanya, spokesman of the DSS, belied allegations that the agency does not respect the rule of law. While Afunanya admitted that there are overzealous operatives who step beyond bounds sometimes, his revelations show that the DSS is guided by the laws. A careful study of timelines of some of the events cited to accuse it of lawlessness would reveal that the agency is absolutely conscious of the law and procedure.

For instance, in the case of Emefiele, the DSS commenced his investigation in 2022, on suspicion of Terrorism Financing, Money Laundering among others and subsequently applied to the Federal High Court, Abuja for his arrest and detention.  But the Chief Judge objected to the order and clearly stated that the Service did not need an order to investigate or arrest him. Emefiele was to later obtain a restraining order issued by Justice MA Hassan of the FCT High Court against the Service.

The DSS obeyed the order granted in favour of Emefiele and restrained itself  from arresting or detaining him, until 9th June, 2023, following his suspension as CBN Governor by President Bola Tinubu. His arrest, according to the DSS, was based on new information which indicated suspected criminal infractions. Emefiele was arrested in line with the DSS mandate after obtaining a Magisterial Order.

On 10th July, 2023, Justice Hamza Mu’azu of the FCT High Court, while recognising that the DSS had every legal right to arrest, detain and investigate Emefiele, ordered for his release or prosecution within seven days. The DSS expressly complied with this order by arraigning him on charges of  illegal possession of firearms and ammunitions,  being one of the criminal suspicions.

Afunanya noted rightly in his explanation that the “Muazu Order had, by implication, extended Emefiele’s detention by seven days with effect from 10th July, 2023 when the initial detention order had expired.”

Within the same period, Justice Bello Kawu of the same FCT High Court, while dismissing reliefs sought by Peter Abang, Counsel to Emefiele on 14th July, 2023 ordered for the release or prosecution of Emefiele within 48 hours. However, the Service had complied with the seven days ultimatum issued by Justice Muazu.  The statement says, “In obedience to rule of law, Emefiele was arraigned before Justice Nicholas Oweibo of the Federal High Court, Ikoyi, Lagos, on 25th July, 2023 for illegal possession of arms and ammunition. The Service had long issued a press statement over the incident that happened at the Court between its staff and those of Nigerian Correctional Service (NCoS) and pledged to investigate it. Though the investigation is ongoing, the preliminary findings are quite shocking considering the ignoble roles played by some public officials.”

Afunanya states further, “As normal with criminal investigations, security agencies re-arrest suspects when there is adequate suspicion of commission of a crime or as may be revealed by an ongoing investigation. Emefiele was re-arrested on the basis of this. Even though the re-arrest was tainted by the overzealousness of personnel of the Service and NCoS, it was nonetheless legally procedural.

“Later, the Service applied for an Exparte Order at the FCT High Court presided by Justice Edward Okpe (and not Justice Mu’azu as erroneously and massively reported in the media) to detain Emefiele for 14 days. Against the established rules regarding exparte applications, a lawyer suddenly appeared in the Court for Emefiele. While the Judge did not outrightly reject the DSS request, he struck out the motion upon its withdrawal by the Service counsel. But this is not without his guidance.

“ Earlier, the Judge had drawn the attention of the Counsels to Section 293 of Administration of Criminal Justice Act (ACJA) which also recognises the Magistrate Court as a competent Court that can first be approached for an order for custody of a suspect under investigation. In other words, the Service, having taken the hint of the Court, took the right steps. What transpired at the Court was, thereafter, variously misrepresented by some mischief makers. Part of the disinformation is to the effect that the Court “struck out the application and stated that it was an abuse of judicial process”. That was not what the Court said. What Justice Okpe said was “the Applicant having withdrawn the application, same is hereby struck out”.

“That was all. The Court records are there. But purveyors of fake news distorted the message to suit their intent; just to make the Service look bad – a sort of giving the dog a bad name in order to hang it.  Many had gone to town with stories of DSS fragrant disobedience to Court Orders especially in view of the last episodes at the High Courts in Lagos and Abuja. With what played out at the Court on 27th July 2023 under Justice Okpe, the Service immediately applied and obtained a detention Order from a Magistrate Court. So, Emefiele is legally detained. For reasons that the Emefiele case is subjudice, the Service will restrain from making further comments on the subject matter. “

The statement portrays the DSS as a victim of disinformation, at a time the public deserves to know the truth about unfolding events.  It’s easy to blame the secret police for not putting the public in confidence by providing timely and accurate information about events involving it. But the nature of its job is also such that too much information in the public space could jeopardize its operations. But its imperative for the DSS to find a balance between the public right to know and preserving the sanctity of its operations.

The attempt to incite the public and the Judiciary against the DSS for personal and political reasons are obvious and not unexpected. The DSS must focus and not allow itself to be derailed by agents of destabilization. The FBI which is at the centre of the prosecution of former United States President, Donald Trump, is facing a similar backlash since 2018. According to an NBC latest poll, among GOP voters, just 17% have a positive view of the FBI, while 56% have a negative view. Among Democrats, 58% view the FBI positively and 11% view the agency negatively.  

The DSS may continue to be the target of insidious media attacks as it discharges its constitutional responsibilities but it must not waver. It is normal in a democracy where there is a plurality of views and competition for group or political dominance. But the DSS must protect its mandate and continue to respect the rule of law to deepen democracy. The DSS, like the FBI, is a major instrument of State administration and management. It is essential for statecraft, governance, stability and public order.

It is heartening that the DSS noted in its statement that, “Critics have made varied insinuations including abusing the Service, its leadership and completely distorting the significant historical role of the Service in nation building. Others have said it is wobbling and of no relevance. Laughable. The DSS is not tottering. It is standing and firmly too. Even the worst of its critics knows that the Service has played (and still plays) stabilising roles for the nation. Its loyalty and patriotism are incomparable. The Service is a stabilising force for the country’s democracy. Same for the indivisibility and indissolubility of Nigeria’s sovereignty. Only a collaborative support from stakeholders will strengthen this. The Service does not claim to know it all; a reason it allows for constructive criticism and makes out time to explain itself in line with transparency and democratic accountability.

“Whether on Emefiele, Bawa or Kanu, the Service has obeyed judicial orders and handled the cases procedurally and in accordance with the rule of law. Critics are encouraged to be a bit more discerning and up their research capabilities. Doing so will reveal that the Service obeys orders. The Court of Appeal judgement on Kanu is recommended for detailed study.”

We hope that the DSS will continue on the path of the law.