Judges homes’ raid: Reps produce report, want DSS, Evidence laws amended

A panel of the House of Representatives is proposing to repeal
the Evidence Act 2011 primarily to make evidence obtained during an
illegal search on persons or their properties inadmissible in
court.

Findings by our reporter on Sunday in Abuja indicated that the
panel specifically proposed the repeal of Sections 14 and 15 of the
Act to clearly provide that any evidence, tendered by security
agencies or other authorities arising from an illegal search on
persons or properties, be inadmissible.

It also sought the amendment to the National Security Agencies
Act to “clearly state the powers of the Department of State
Services to investigate corruption cases that affect national
security.”

These recommendations and several others were contained in the
report of the ad hoc committee of the House, which investigated the
October 2016 invasion of the homes of some Supreme Court justices
by operatives of the DSS.

In Abuja, the DSS raided the residence of a Justice of the
Supreme Court, Justice Sylvester Ngwuta.

Two judges of the Federal High Court, Justices Adeniyi Ademola,
and Nnamdi Dimgba, also had their houses invaded by the DSS.

The raids were also carried in some states across the country,
including Rivers and Kano states.

The operatives said they were acting on petitions alleging
corrupt acts against the judicial officers.

Following the incident, which generated nationwide
controversies, the House had set up the panel “to investigate all
cases of invasion of property and arrests of persons for reasons
outside the general duties of the DSS since May 29, 2015.”

The panel was chaired by a member of the All Progressives
Congress from Kaduna State, Mr. Garba Datti-Muhammad.

In its report to the House, the committee noted that in other
climes, including the US, any evidence obtained during an illegal
search was not admissible.

A copy of the report, which our reporter obtained in Abuja on
Sunday, read partly, “That there is a need to amend the National
Security Agencies Act to more clearly state the powers of the
Department of State Services to investigate corruption cases that
affect national security.

“That there is a need to amend the National Security Agencies
Act by incorporating the principles enshrined in the Instrument No.
SSS I, to make for a more comprehensive statute as well as end
speculation over the status of the Instrument in Nigeria’s
hierarchy of laws.

“That there is a need to amend the Evidence Act 2011, by
repealing sections 14 and 15 to make evidence obtained as a result
of an illegal search inadmissible, as obtainable in other
jurisdictions like the United States.”

The panel also stated that in performing their duties, DSS
operatives should be able to “differentiate between cases of
persons, who offer no threat both in terms of physical violence and
capacity for escape, and therefore, not needing to be subjected to
auxiliary measures (including arrest at night) on the one hand and
those persons in respect of whom such measures are justifiable on
the other hand.”

It added that this would minimise the nationwide apprehension
and the “trauma to which such persons were subjected.”

In order for the repeal of the Evidence Act not to bring it in
conflict with the 1999 Constitution, the panel called for the
amendment to the relevant sections of the constitution to avoid a
conflict.

The report explained further, “That the amendment to the NSA Act
contained in recommendations (i) and (iii) can only be attained by
the procedure for the alteration of the 1999 Constitution under
Section 9(1) and (2).

“This is on account of the provisions of Section 315(5) of the
1999 Constitution, which provides that the NSA Act, amongst others,
‘shall not be altered or repealed except in accordance with the
provisions of Section 9 (2) of this Constitution’.”

The panel also looked into a similar invasion of the Akwa Ibom
State Government Lodge and recommended that the DSS should
apologise to the state government.

The Attorney General of the Federation and Minister of Justice,
Mr. Abubakar Malami, had justified the action of the DSS while
testifying before the panel on November 29 last year at the
National Assembly.

Malami had also argued that though the allegations made against
the judges were more of economic crimes than a threat to national
security, the Economic and Financial Crimes Commission did not have
exclusive powers to investigate economic crimes.

Punch

A panel of the House of Representatives is proposing to repeal
the Evidence Act 2011 primarily to make evidence obtained during an
illegal search on persons or their properties inadmissible in
court.

Findings by our reporter on Sunday in Abuja indicated that the
panel specifically proposed the repeal of Sections 14 and 15 of the
Act to clearly provide that any evidence, tendered by security
agencies or other authorities arising from an illegal search on
persons or properties, be inadmissible.

It also sought the amendment to the National Security Agencies
Act to “clearly state the powers of the Department of State
Services to investigate corruption cases that affect national
security.”

These recommendations and several others were contained in the
report of the ad hoc committee of the House, which investigated the
October 2016 invasion of the homes of some Supreme Court justices
by operatives of the DSS.

In Abuja, the DSS raided the residence of a Justice of the
Supreme Court, Justice Sylvester Ngwuta.

Two judges of the Federal High Court, Justices Adeniyi Ademola,
and Nnamdi Dimgba, also had their houses invaded by the DSS.

The raids were also carried in some states across the country,
including Rivers and Kano states.

The operatives said they were acting on petitions alleging
corrupt acts against the judicial officers.

Following the incident, which generated nationwide
controversies, the House had set up the panel “to investigate all
cases of invasion of property and arrests of persons for reasons
outside the general duties of the DSS since May 29, 2015.”

The panel was chaired by a member of the All Progressives
Congress from Kaduna State, Mr. Garba Datti-Muhammad.

In its report to the House, the committee noted that in other
climes, including the US, any evidence obtained during an illegal
search was not admissible.

A copy of the report, which our reporter obtained in Abuja on
Sunday, read partly, “That there is a need to amend the National
Security Agencies Act to more clearly state the powers of the
Department of State Services to investigate corruption cases that
affect national security.

“That there is a need to amend the National Security Agencies
Act by incorporating the principles enshrined in the Instrument No.
SSS I, to make for a more comprehensive statute as well as end
speculation over the status of the Instrument in Nigeria’s
hierarchy of laws.

“That there is a need to amend the Evidence Act 2011, by
repealing sections 14 and 15 to make evidence obtained as a result
of an illegal search inadmissible, as obtainable in other
jurisdictions like the United States.”

The panel also stated that in performing their duties, DSS
operatives should be able to “differentiate between cases of
persons, who offer no threat both in terms of physical violence and
capacity for escape, and therefore, not needing to be subjected to
auxiliary measures (including arrest at night) on the one hand and
those persons in respect of whom such measures are justifiable on
the other hand.”

It added that this would minimise the nationwide apprehension
and the “trauma to which such persons were subjected.”

In order for the repeal of the Evidence Act not to bring it in
conflict with the 1999 Constitution, the panel called for the
amendment to the relevant sections of the constitution to avoid a
conflict.

The report explained further, “That the amendment to the NSA Act
contained in recommendations (i) and (iii) can only be attained by
the procedure for the alteration of the 1999 Constitution under
Section 9(1) and (2).

“This is on account of the provisions of Section 315(5) of the
1999 Constitution, which provides that the NSA Act, amongst others,
‘shall not be altered or repealed except in accordance with the
provisions of Section 9 (2) of this Constitution’.”

The panel also looked into a similar invasion of the Akwa Ibom
State Government Lodge and recommended that the DSS should
apologise to the state government.

The Attorney General of the Federation and Minister of Justice,
Mr. Abubakar Malami, had justified the action of the DSS while
testifying before the panel on November 29 last year at the
National Assembly.

Malami had also argued that though the allegations made against
the judges were more of economic crimes than a threat to national
security, the Economic and Financial Crimes Commission did not have
exclusive powers to investigate economic crimes.

Punch