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Today marks four years since I started maintaining this column in The Sun, a very prominent and globally respected newspaper we all love and take deep pride in. I promise my readers a major celebration next year by now, when we will have clocked the milestone age of five years in the task of discussing this nation, its leaders and our people. May the Lord grant us longevity to witness more years in good health, peace and prosperity.
When President Bola Ahmed Tinubu released his eight-point agenda recently, adherence to rule of law was given a prime place. Interestingly, most human beings, by nature, would only obey the law when coerced to do so. It is for this reason that right, from the beginning of creation, there have always been institutions the state creates to coerce adherence to law and order so that the society as a whole could live in peace. Criminals or the criminally-minded are always an overwhelming minority, but their acts are such that impinge on the whole of society in a mightily negative manner.
In the case of Nigeria, the Department of State Services (DSS), otherwise known as the State Security Service (SSS), is one such institution created by law to enforce adherence to law and order. Of course, it is a thankless job, because people enjoy freedom without caring about the fact that where your freedom stops, that of another person starts. Also, more often than not, law-breakers have the sophistication to engage well educated, unscrupulous persons to spearhead deep propaganda intent on destroying institutions of state on their behalf.
This explains why terrorists get free publicity even in the mainstream media, not just in Nigeria but in many other countries as well. In contrast, in most cases, institutions of state have to pay through the nose, placing advertorials and other paid platforms to get heard. Of course, the dictum that bad news sells faster comes into play here. This is even more so in a society driven by frustration like ours, where most political players prefer service to self, rather than to the people they are supposed to serve.
Almost every day, we hear of one accusation or the other against the DSS and other law enforcement agencies of government. No one is saying these institutions are saints. They are human and certainly prone to making mistakes. But we must realize that, without them, we will end up with a chaotic situation where might is right, in which the strong can wrestle the weak to the ground and seize his money or even fixed assets.
To buttress the fact that human beings cannot live in harmony without some kind of regulation, even criminals have a modicum of respect for law and order. Only that, in their case, they do so in the reverse, always respecting their gang leaders and adhering to their instructions religiously.
In the last few weeks since the suspension of CBN governor, Godwin Emefiele, from office by President Tinubu, his spin doctors have inundated the new and conventional media with all sorts of tales, most often laced in shameless falsehood, trying to paint the DSS in very dark colours.
Predictably, some Nigerians easily lend themselves to agreeing to this kind of false narrative. Frustration in the land is deep. But rather than calling our local government chairmen and state governors to account, we heap all the blame on the doorsteps of the federal government and its institutions.
To explain this further, I came across a beautiful piece penned by my brother and colleague Dr. Peter Afunanya, spokesman of the DSS, on the above subject matter. I know Dr. Afunanya pretty well. He is the go-to man for all senior journalists that have one issue or the other to do with the DSS, and where he can, he has always proven helpful. I wonder whether his generosity of spirit would not get him into trouble with his superiors, though I know that the DSS DG, Mr. Yusuf Bichi, is a listening leader who always gives matters a deep thought before acting. Both Bichi and Afunanya are, without doubt, some of the best human beings I have had the privilege to meet in life.
I reproduce Dr. Afunanya’s piece below for our enlightenment:
“Recently, the media was awash with various commentaries about DSS disobedience to court orders. These accusations, as wrong as they are, have peaked in the Emefiele saga. It may interest the public and indeed the avowed critics of the Service to note the following incidents and timelines to show that it has religiously obeyed court orders in respect of the case and even others.
“In 2022, the Service commenced the investigation of Mr. Godwin Emefiele on suspicion of terrorism financing and 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 M.A. Hassan of the FCT High Court against the Service. Instructively, the DSS obeyed this order and did not arrest or detain Emefiele.
“However, on 9th June, 2023, Emefiele was suspended as CBN Governor by the President. Based on new information and suspected criminal infractions, the Service, as expected by law, arrested and detained him using 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 Service expeditiously and expressly complied with the order and charged him for illegal possession of firearms and ammunition, being one of the criminal suspicions. 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. 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.
“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.
“For either lack of knowledge or deliberate act to ignore the truth, there has been sustained bashing of the Service and its leadership in the media and public spaces. It is ironical that the same people who condemn media trial are daily taking the Service through the same. The actual points are however, not lost on the Service. It is aware of the depth of the orchestrations and even deeper plot to incite the judiciary against it.
“Targeting DSS DG, YM Bichi, for insidious media attacks is needless. Any DGSS, even if brought from heaven among the angels, will discharge the DSS mandate. There isn’t a time in our national sojourn for greatness that key organs of government will cease to exist or not needed. The DSS, like the CIA, FBI among others, is a major and positive instrument of State administration and management. It is essential for statecraft, governance, stability and public order. Scraping it as being canvassed by the uninformed is unreasonable. It is indeed obvious the DSS is misunderstood. It is obvious there is a mob action against the Service. Allow the DSS be. Allow Bichi, a fine gentleman officer, be. Support DSS. Support Nigeria. As in the national anthem, Arise, O Compatriots.
“Some 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. Maybe, we can decipher the difference between Discharged and Acquitted and what the use of either or both mean in the final order of a Judge. The DSS is an ardent respecter of the law. Anyone may argue this but it is true. It is in this regard that it has applied for either a stay or notice of appeal on some of the matters. One who does not obey the laws will not resort to legal procedures like the DSS has done.
“Let those seeking justice not intimidate the Judges or derail law enforcement efforts. Judges deliver justice without fear or favour and should be allowed to discharge their duties honourably. For the umpteenth time, the Service reiterates its unequivocal stance on rule of law and respect for the judiciary. This position remains unchanging despite the futile attempts to paint it otherwise.”
