On The Illegal Invasion Of Sunday Igboho's Residence:
By: Adeola Kayode Adeola
The Department of State Services (DSS) is a creation of the National Security Agencies Decree 19 of 5th June 1986.
Section 1 of this Decree empowered the DSS to prevent and detect any crime against the internal security of Nigeria, protect and preserve all non-military classified matters concerning the internal security of Nigeria, and such other responsibilities affecting internal security within Nigeria as the National Assembly or the President, as the case may be, may deem necessary.
Clearly, the powers of DSS as stipulated by the extant laws do not encompass any power of investigating the stockpile of arms, as stated in its public report following the raid.
Indeed, it is the function of the police, under Section 4 of the Police Act, to prevent and detect crimes, and to maintain public safety, law and order, among others.
Given the narrow statutory functions of the DSS, it is highly debatable whether it is even a law enforcement agency within the contemplation of the Administration of Criminal Justice Act.
In other countries, its counterparts, who are restricted to intelligence gathering and sharing duties, are not described as Law Enforcement Agencies.
For this reason, the South African State Security Agency (SSA) which consists of several branches declares on its website that it does not conduct arrests, searches or seizures but only operates with law enforcement agencies when the need arises.
The Central Intelligence Agency (CIA) of the United States of America also states the same thing on its website.
Chapter IV of the 1999 Constitution generally makes provisions for the fundamental rights of Nigerians.
While Section 39 establishes a citizen’s right to freedom of expression and to hold opinions, Section 40 guarantees the citizen’s right to peaceful assembly; and Section 41 creates the right to freedom of movement.
Undoubtedly, Sunday Igboho was acting under these constitutional provisions to express his personal opinions, hold rallies, and to move about freely within Nigeria.
However, following the invasion of his premises, these rights are being seriously infracted.
Although Section 45 of the 1999 Constitution permits the derogation from these rights, it is however only in the interest of defence, public safety, public order, public morality or public health, and for the purpose of protecting the rights and freedom of other persons.
It can scarcely be argued that the invasion of the premises of Sunday Igboho is on the ground of public interest as the stifling of the right to expression can never be said to be in the public interest.
Even if it is, such operation ought to have been carried out by the police statutorily saddled with the power of prevention and detection crimes, and the maintenance of public safety, law and order.
The DSS has no place meddling in the affairs of apprehending perceived offenders, particularly where state security is not being jeopardised.
Doubtless, the menace of banditry and terrorism by the Boko Haram sect constitutes a greater threat to national security, and is more deserving of the attention of the DSS and other security agencies.
Our security operatives ought to be held to a higher standard in derogating from the sacrosanct fundamental rights of Nigerians enshrined in the 1999 Constitution and in the African Charter on Human and Peoples Rights
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