SSS Lacks Power To Summon Babangida’s Spokesman Kassim Afegbua— Falana SAN

Prominent Human Rights Activist, Mr. Femi Falana SAN has
condemned the act of the DSS boss, Mr. Lawal Musa Daura in
summoning Mr. Kasim Afegbua, after he was released by the Nigerian
Police. According to the learned Silk, the security force lacks the
power to do so.

Below is his statement:

Upon realising that Mr. Kassim Afegbua did not commit any
offence known to law over the issuance of a press statement on
behalf of the ex-mitary dictator, General Babangida the
Inspector-General of Police, Mr. Idris Ibrahim rightly decided not
to press charges against the “suspect”. Thus, the decision of the
Police Force ended the needless harrassmemt of Mr. Afegbua.

But apparently dissatisfied with the handling of the matter by
the Police the Director-General of the State Security Service, Mr.
Lawal Musa Daura was reported to have summoned Mr. Afegbua to his
office for interrogation over the same controversial press
statement.

The Police had claimed that Mr. Afegbua had defamed General
Babangida. If the retired General was defamed in the publication he
has the liberty to seek redress in a high court. But the State
Security Service has no power to convert the alleged civil wrong of
defamation to a criminal offence to warrant the harrassmemt of Mr.
Afegbua.

Since the alleged denial of the press statement by General
Babangida has not caused any threat to the internal security of the
country the invitation by the State Security Service constitutes a
gross abuse of powers.

In the case of the Director of State Security Service &
Anor. v Olisa Agbakoba (1999) 3 NWLR (Pt 595) 314 the Supreme Court
held that the power of the State Security Service is strictly
limited to the prevention and detention of any crime against the
internal security of Nigeria as stipulated by section 2 of the
National Security Agencies Act. Mr. Daura should therefore be
restrained by President Buhari from subjecting Mr. Afegbua to any
form of interrogation and thereby violating his fundamental rights
to personal liberty and fair hearing guaranteed by the
Constitution.

Prominent Human Rights Activist, Mr. Femi Falana SAN has
condemned the act of the DSS boss, Mr. Lawal Musa Daura in
summoning Mr. Kasim Afegbua, after he was released by the Nigerian
Police. According to the learned Silk, the security force lacks the
power to do so.

Below is his statement:

Upon realising that Mr. Kassim Afegbua did not commit any
offence known to law over the issuance of a press statement on
behalf of the ex-mitary dictator, General Babangida the
Inspector-General of Police, Mr. Idris Ibrahim rightly decided not
to press charges against the “suspect”. Thus, the decision of the
Police Force ended the needless harrassmemt of Mr. Afegbua.

But apparently dissatisfied with the handling of the matter by
the Police the Director-General of the State Security Service, Mr.
Lawal Musa Daura was reported to have summoned Mr. Afegbua to his
office for interrogation over the same controversial press
statement.

The Police had claimed that Mr. Afegbua had defamed General
Babangida. If the retired General was defamed in the publication he
has the liberty to seek redress in a high court. But the State
Security Service has no power to convert the alleged civil wrong of
defamation to a criminal offence to warrant the harrassmemt of Mr.
Afegbua.

Since the alleged denial of the press statement by General
Babangida has not caused any threat to the internal security of the
country the invitation by the State Security Service constitutes a
gross abuse of powers.

In the case of the Director of State Security Service &
Anor. v Olisa Agbakoba (1999) 3 NWLR (Pt 595) 314 the Supreme Court
held that the power of the State Security Service is strictly
limited to the prevention and detention of any crime against the
internal security of Nigeria as stipulated by section 2 of the
National Security Agencies Act. Mr. Daura should therefore be
restrained by President Buhari from subjecting Mr. Afegbua to any
form of interrogation and thereby violating his fundamental rights
to personal liberty and fair hearing guaranteed by the
Constitution.