On Tuesday, the 21st of November, 2017, the year felt like 1980s
once again, when information was gathered reliably that the
officers of the DSS obstructed the arrest, under warrant of the
former Director General of the Department of State Services, Mr Ita
Ekpeyong as well as Mr. Ayo Oke, the former Director General of
National Intelligence Agency (NIA). Just when we had began
celebrations that democracy and the rule of law must have permeated
our security outfits such that the gory tales of draconian powers
and impunity is gradually eliminating, we encountered another level
of reckless abuse of power and artificial impunity. Various issues,
both legal and political have been addressed on several fronts,
while rejoinders to support or defend the Department of State
services have also been advanced. It is however imperative to pay
attention to relevant historical antecedents that gives us a lead
to the point where the hostile relations began.
Records inform us that inter-agency relations between the EFCC
and the DSS had been quite cordial. Recall that in 2015, the very
issue that generated controversy was professionally handled by both
agencies operating within the ambit of the Criminal Justice System.
Colonel Sambo Dansuki was arrested sometimes in November 2015,
after the interim report of the defunct Presidential Committee
set-up to investigate the disbursement of about N624billion naira
ammunition deal. The report directed the attention of the
presidency to the unaccounted sum of N2billion naira which was a
non-budgetary allocation that primarily indicted the office of the
former National Security Adviser, Colonel Sambo Dasuki. The
security agency set-up to defend the country against domestic and
insurgent threats, (DSS) must have arguably exercised its
prerogative right in arresting Colonel Dasuki at that time. To give
the questionable arrest a color of validity, they immediately
transferred him to the EFCC for prosecution.
Here lies the all important question? Did the DSS simply
transfer the suspect on whom they conducted an illegal search to
the EFCC or did they engage in some other activities other than all
the money and items recovered in the process? Well, I’m convinced
that the law will judge us accurate and the DSS under its
prerogative powers, which was arguably exercised within the
parameters of due process of law, should have handed over all
materials, recoveries, items, and evidence gathered to the EFCC,
upon the conduct of premises search and arrest of the suspect.
Hence, this will enable the EFCC to afford itself of all necessary
evidence to properly prosecute the offence. It is absolutely an
aberration and antithetical to our adjectival laws that a
department within the presidency having exercised a right it
doesn’t have can still withhold the money recovered during its
illegal search.
The mandate of the DSS is simple and precise – The protection
and defense of the Country against domestic violence and terrorism
and to provide leadership in the Criminal Justice sector. Issues
pertaining to corruption and embezzlement of public funds by ex
public or serving public officers are not within the contemplation
of the relevant laws establishing the DSS. The EFCC has that as the
paramount area of interest, pursuant to its enabling Act and must
as a matter of law be availed of all information in connection to
corruption issues and suspects, including those whose arrest have
been sponsored by supporting agencies like the DSS.
The issue of the NIA ex-boss who was let go sometimes in August
is also worrisome. Mr. Ayo Oke was severally invited for
questioning by the EFCC in connection to the money recovered from
the Ikoyi building which investigation revealed belonged to his
wife. He had on various occasions refused appearance or actually
evaded same, citing various excuses until he was dismissed. It then
came as a last straw which broke the camels back when officers of
the DSS also came to the scene to obstruct his arrest by members of
the EFCC. This, I make bold to state is an absolute affront to the
rule of law and constitutionalism. I hereby pray that the
provisions of section 38 of the EFCC Act 2004 be invoked by the
agency against the said officers for obstructing the due process of
the law, and ignoring with impunity the properly executed warrant
of arrest by a court of law.
On a second flip, we recall that the rout between the agencies
began sometimes in October 2016. The Senate was the initial
battle-ground, and the confirmation of Mr. Ibrahim Magu as the
substantive Chairman of the EFCC was the controversy. The Senate
made an official statement of refusal to confirm the appointment of
Magu as the Chairman of EFCC based on the letter written by the DSS
that the nominee was guilty of actions related to
“double-lifestyle, corruption and sabotage of the anticorruption
crusade of the presidency”. As shocking as the revelations
contained in the said letter was, what amazed members of the public
most was the fact that the presidency wrote a letter to disparage
the nomination submitted by the same presidency – A typical show of
governmental disorganization and disorientation.
Issues raised by the DSS in the letter include the close
association of the Mr Magu with Commodore Umar Mohammed, a retired
Air Force officer who had been indicted by the EFCC for fraud and
embezzlement of over N40billion; his close ties with Mr Nnamdi
Okonkwo, the CEO/MD of Fidelity bank, who had been complacent in
the indictment of Madam Diezani Madueke, (the embattled former
Minister for Petroleum); as well as his antecedence of corruption
and professional abuse of office by intercepting sensitive national
security documents. He was penalized and suspended by the Police
Service Commission in 2010, before the regime of Mr. Ibrahim
Lamorde later reinstated him (Mr Magu) as the Director of
Operations in the EFCC. The events had been cited as rendering Mr
Magu not to deserve the revered anti-corruption czar position.
The above had exposed the unchecked private feud between Mr Ita
Ekpeyong and Mr Magu which the latter intended to profiteer from
upon the retirement of Mr Ekpenyong. However, legal perspectives
over these issues will be analyzed shortly. The above, constitutes
silent questions that beg for immediate answers. When did the Law
grant immunity to Director Generals of governmental Agencies. In
fact, it is an aberration and an infraction of the law for officers
of DSS to be acting for and on behalf an officer who is no longer
is in active service of the Agency. It is strange to our laws and
the obstruction of arrest berates the letters and spirit of the
law, no argument can be proffered to avail the DSS former boss from
facing jail term.
Indeed, some can refer to the sabotage of Mr Magu’s ambition by
Mr Ekpenyong as revenge, but same can never negate the fact that
the law had been violated by the former DSS boss. The moment he
concluded his service with the DSS, his position is not different
from that of an ordinary citizen, who can be invited to answer for
interrogation or be arrested and prosecuted by the EFCC on
allegation of crimes. The DSS only took us back to the era of NSA
in the late 1980s, where the parent agency unleashed different
dimension of terror on individuals and persons who dared to oppose
any of its actions. May we remind the DSS that this is democracy
and the Rule of Law reigns supreme? No body or Agency can prevent
the application of the law upon a non-existent law, or a
governmental policy, simply because of its affiliation with the
Presidency.
The current D-G of DSS Mr Lawan Daura deserves to take an
immediate action against the former D-G to save the face of the
Agency and raise its head above shame and reproach. The President
needs to act now and fast to check impunity of his current or
former appointees, and the office of the National Security Adviser
needs to hurry to save what is left of the Department before time
runs out. The doors of tyranny and impunity must be shut now;
otherwise, we will prove to the world that we learnt nothing from
our past woes.
Kehinde Osunyikanmi is human right activist and a legal
practitioner at Corona Legal Practitioners who writes from
Lagos.
On Tuesday, the 21st of November, 2017, the year felt like 1980s
once again, when information was gathered reliably that the
officers of the DSS obstructed the arrest, under warrant of the
former Director General of the Department of State Services, Mr Ita
Ekpeyong as well as Mr. Ayo Oke, the former Director General of
National Intelligence Agency (NIA). Just when we had began
celebrations that democracy and the rule of law must have permeated
our security outfits such that the gory tales of draconian powers
and impunity is gradually eliminating, we encountered another level
of reckless abuse of power and artificial impunity. Various issues,
both legal and political have been addressed on several fronts,
while rejoinders to support or defend the Department of State
services have also been advanced. It is however imperative to pay
attention to relevant historical antecedents that gives us a lead
to the point where the hostile relations began.
Records inform us that inter-agency relations between the EFCC
and the DSS had been quite cordial. Recall that in 2015, the very
issue that generated controversy was professionally handled by both
agencies operating within the ambit of the Criminal Justice System.
Colonel Sambo Dansuki was arrested sometimes in November 2015,
after the interim report of the defunct Presidential Committee
set-up to investigate the disbursement of about N624billion naira
ammunition deal. The report directed the attention of the
presidency to the unaccounted sum of N2billion naira which was a
non-budgetary allocation that primarily indicted the office of the
former National Security Adviser, Colonel Sambo Dasuki. The
security agency set-up to defend the country against domestic and
insurgent threats, (DSS) must have arguably exercised its
prerogative right in arresting Colonel Dasuki at that time. To give
the questionable arrest a color of validity, they immediately
transferred him to the EFCC for prosecution.
Here lies the all important question? Did the DSS simply
transfer the suspect on whom they conducted an illegal search to
the EFCC or did they engage in some other activities other than all
the money and items recovered in the process? Well, I’m convinced
that the law will judge us accurate and the DSS under its
prerogative powers, which was arguably exercised within the
parameters of due process of law, should have handed over all
materials, recoveries, items, and evidence gathered to the EFCC,
upon the conduct of premises search and arrest of the suspect.
Hence, this will enable the EFCC to afford itself of all necessary
evidence to properly prosecute the offence. It is absolutely an
aberration and antithetical to our adjectival laws that a
department within the presidency having exercised a right it
doesn’t have can still withhold the money recovered during its
illegal search.
The mandate of the DSS is simple and precise – The protection
and defense of the Country against domestic violence and terrorism
and to provide leadership in the Criminal Justice sector. Issues
pertaining to corruption and embezzlement of public funds by ex
public or serving public officers are not within the contemplation
of the relevant laws establishing the DSS. The EFCC has that as the
paramount area of interest, pursuant to its enabling Act and must
as a matter of law be availed of all information in connection to
corruption issues and suspects, including those whose arrest have
been sponsored by supporting agencies like the DSS.
The issue of the NIA ex-boss who was let go sometimes in August
is also worrisome. Mr. Ayo Oke was severally invited for
questioning by the EFCC in connection to the money recovered from
the Ikoyi building which investigation revealed belonged to his
wife. He had on various occasions refused appearance or actually
evaded same, citing various excuses until he was dismissed. It then
came as a last straw which broke the camels back when officers of
the DSS also came to the scene to obstruct his arrest by members of
the EFCC. This, I make bold to state is an absolute affront to the
rule of law and constitutionalism. I hereby pray that the
provisions of section 38 of the EFCC Act 2004 be invoked by the
agency against the said officers for obstructing the due process of
the law, and ignoring with impunity the properly executed warrant
of arrest by a court of law.
On a second flip, we recall that the rout between the agencies
began sometimes in October 2016. The Senate was the initial
battle-ground, and the confirmation of Mr. Ibrahim Magu as the
substantive Chairman of the EFCC was the controversy. The Senate
made an official statement of refusal to confirm the appointment of
Magu as the Chairman of EFCC based on the letter written by the DSS
that the nominee was guilty of actions related to
“double-lifestyle, corruption and sabotage of the anticorruption
crusade of the presidency”. As shocking as the revelations
contained in the said letter was, what amazed members of the public
most was the fact that the presidency wrote a letter to disparage
the nomination submitted by the same presidency – A typical show of
governmental disorganization and disorientation.
Issues raised by the DSS in the letter include the close
association of the Mr Magu with Commodore Umar Mohammed, a retired
Air Force officer who had been indicted by the EFCC for fraud and
embezzlement of over N40billion; his close ties with Mr Nnamdi
Okonkwo, the CEO/MD of Fidelity bank, who had been complacent in
the indictment of Madam Diezani Madueke, (the embattled former
Minister for Petroleum); as well as his antecedence of corruption
and professional abuse of office by intercepting sensitive national
security documents. He was penalized and suspended by the Police
Service Commission in 2010, before the regime of Mr. Ibrahim
Lamorde later reinstated him (Mr Magu) as the Director of
Operations in the EFCC. The events had been cited as rendering Mr
Magu not to deserve the revered anti-corruption czar position.
The above had exposed the unchecked private feud between Mr Ita
Ekpeyong and Mr Magu which the latter intended to profiteer from
upon the retirement of Mr Ekpenyong. However, legal perspectives
over these issues will be analyzed shortly. The above, constitutes
silent questions that beg for immediate answers. When did the Law
grant immunity to Director Generals of governmental Agencies. In
fact, it is an aberration and an infraction of the law for officers
of DSS to be acting for and on behalf an officer who is no longer
is in active service of the Agency. It is strange to our laws and
the obstruction of arrest berates the letters and spirit of the
law, no argument can be proffered to avail the DSS former boss from
facing jail term.
Indeed, some can refer to the sabotage of Mr Magu’s ambition by
Mr Ekpenyong as revenge, but same can never negate the fact that
the law had been violated by the former DSS boss. The moment he
concluded his service with the DSS, his position is not different
from that of an ordinary citizen, who can be invited to answer for
interrogation or be arrested and prosecuted by the EFCC on
allegation of crimes. The DSS only took us back to the era of NSA
in the late 1980s, where the parent agency unleashed different
dimension of terror on individuals and persons who dared to oppose
any of its actions. May we remind the DSS that this is democracy
and the Rule of Law reigns supreme? No body or Agency can prevent
the application of the law upon a non-existent law, or a
governmental policy, simply because of its affiliation with the
Presidency.
The current D-G of DSS Mr Lawan Daura deserves to take an
immediate action against the former D-G to save the face of the
Agency and raise its head above shame and reproach. The President
needs to act now and fast to check impunity of his current or
former appointees, and the office of the National Security Adviser
needs to hurry to save what is left of the Department before time
runs out. The doors of tyranny and impunity must be shut now;
otherwise, we will prove to the world that we learnt nothing from
our past woes.
Kehinde Osunyikanmi is human right activist and a legal
practitioner at Corona Legal Practitioners who writes from
Lagos.