Last week, the men of the Department of State Services (DSS) showed to the world the reason things are not working in the country. They displayed the level of barbarism, cruelty and lawlessness that characterizes leadership not just in the country, but also on the continent. On that day, Tuesday 25, the rule of law gave way for an open and brazen display of unruliness.
It is not that the display of the DSS within the premises of the Federal High Court in Lagos, was a novelty or that it came as a surprise to Nigerians but it was a display that just sends the wrong signals to the rest of the world, especially those who have been reading of the total disregard of the rule of law and lack of respect for the sanctity of human rights and dignity.
You might want to accuse me of being alarmist, but the truth remains that what happened that day was a public display of what characterizes our daily living in the country. It is this same act of lawlessness that you see everywhere. It is the same display of intimidation and brute force that hapless Nigerians get in the hands of the police, the military and non-state actors on a daily basis.
The frustration of the EndSARS protests by our youths that came to a crescendo on October 20, 2020 across the country did not just happen or begin on that day, it was the culmination and the height of the raw deal these youth have been receiving in the hands of uniformed men, especially the police.
Justice Nicholas Oweibo of the federal high court, had granted suspended CBN governor, Godwin Emefiele, bail and had ruled that he be remanded in the Nigerian Correctional Service facility.
But the operatives of the DSS had different ideas as they re-arrested the suspended Governor of Central Bank of Nigeria (CBN), flagrantly refusing the men of the correctional service to take Emefiele out of the court premises.
While Emefiele’s lawyers were busy perfecting his bail conditions, DSS sent for reinforcement and beat up the NCoS squadron commander, when he tried to resist their attempt to take Emefiele from him. They thoroughly manhandled the correctional officer in whose custody the judge had ruled Emefiele should be, pending perfection of his bail.
The situation became so tense and disgraceful that both the DSS personnel and the NCoS officers corked their guns and were ready to shoot, as court workers and journalists scampered for safety.
Few hours after the face-off between the two federal agencies, Emefiele reappeared from the court and was led into a waiting DSS vehicle, which took him away about 3:02pm, against the express injunction of the judge.
Emefiele is standing trial on a two-count charge bordering on possession of a single barrel shot gun (Jojeff Magnum 8371), as well as possession of 123 rounds of live ammunition without licence. The offence contravenes the provisions of sections 4 and 8 of the Firearms Act, Cap F28, Laws of the Federation, 2004.
Emefiele’s lead counsel, a former President of the Nigerian Bar Association (NBA), Joseph Daudu, had accused the DSS of affront and disobedience of court order.
Daudu had stated, “We were in court and the court granted Emefiele bail. We further applied that pending when he will perfect the conditions of his bail, he should be moved from the custody of the DSS to the NCoS.
“The court, in its discretion, granted that he should be in the correctional centre until he completes the terms of his bail.
“No sooner that was done, we noticed movements from the men of the DSS to take him back into their custody, despite the pending court order. We then drew the attention of the court to this, and the court was magnanimous to hear us.
“We told the court that in the interest of the rule of law, and democratic process in this country, the court should intervene. So, the judge sent for the officer in charge of DSS who was armed to the teeth. The court asked me to repeat what I told him, and I did. However, his (DSS operative) response was that he was under instructions to secure the suspect, in other words he was under the instructions of his boss, the Director General, to bring him.”
One Thing for sure, the DSS is overreaching itself. It has become the pattern of the DSS to always allege witch-hunt and plots against it by imaginary enemies after every public show of shame. It cannot be that the DSS for all it claims to do, it cannot be said that they are above the law. The DSS cannot approbate and reprobate at the same time. An organization that finds it easy to seek orders to detain suspects from court even for frivolous reasons cannot at the same time refuse to heed injunctions from the same courts.
In responding to the public display of shame and disgrace, the DSS after pretending that it plans to investigate the incident still found time as usual to blame and accuse their so-called enemies of hidden agenda.
Hear the DSS: “The Service has tremendous respect for the Judiciary as an Arm and Institution of Government and will not go out of its way to undermine it. The DSS recognises the Judiciary as a critical component in nation building, national development and security management.
“The Service had since alerted the public of sinister plots to discredit its leadership. In pursuit of its assignments, it will strive to remain professional, maintain ethical standards and a high sense of discipline.”
The DSS also claimed in the poorly drafted response that they enjoyed cordial relationships with other sister security outfits. Yet the same DSS welcomed the Bola Tinubu’s administration in May with another display of impunity when it stormed the premises of the EFCC over ownership dispute of the office space.
DSS spokesman Peter Afunanya in the statement then said the building occupied by the EFCC originally belonged to the secret police.
He also blamed the media for the brouhaha generated by the disgraceful show of force, claiming again that; “There is no rivalry between the Service and the EFCC over and about anything. Please do not create any imaginary one. They are great partners working for the good of the nation. Dismiss any falsehood of a fight.”
It had to take the direct order from the president for the DSS to vacate the place. But this time in Emefiele’s case the president was silent and pretended not to know that what Bichi and his men were doing did not bode well for the nation and its image abroad. Perhaps, they were acting the script of the president in Emefiele’s travails.
Meanwhile, earlier in the 2023, there was a reported dispute between the wife of Yusuf Magaji Bichi, the Director-General of Department of State Services (DSS), According to the Daily Trust report, there was a mild drama between Aisha Bichi and Abba Yusuf, Kano governor, then state gubernatorial candidate of the New Nigeria Peoples Party (NNPP). According to the report the DSS boss’ wife prevented Yusuf from boarding a flight from Kano to Abuja, because the convoy had delayed Mrs Bichi’s convoy from gaining access into the VIP lounge.
As usual, all the DSS could come up with was: “there are dark forces out there to assassinate DG’s character and that of his family over his uncompromising stance on some critical governance and policy issues.”
Bichi specifically said those forces behind the plot, have engaged Civil Society Organisations and Non-Governmental Organisations not to only sustain the attacks but to stage further rallies, road-shows and press conferences and use the occasions to discredit him.
No single individual is above the law, not even the president. So, from where does the DSS derive the powers to conduct itself the way it does now? This is a democracy and democracy only strives with the sanctity of the rule of law and the judiciary.
Bichi and his men must be made to realise that they are a creation of the laws of the land so they cannot be greater than the laws from which they derive their authority.
It’s naive for the DSS to think that blaming their woes on enemies; imaginary or contrived, makes meaningful sense. Can the DSS DG tell us where he was while the public show of shame lasted and what action he took?
I join my voice with those calling for his sack. He has displayed an unpardonable level of incompetence, lack professionalism and disdain for the laws of the land. While “the authority from above” at the Correctional services called their men to allow the DSS take away Emefiele, in spite of the court’s ruling, to avoid further breakdown of law and order, the “authority from above” in the case of DSS was for their men to disregard the judge and bring Emefiele to its detention.
Now, between these authorities, which is more proactive, professional and submissive to the rule of law?
