DSS v NCS: Desecration of the Temple of Justice

In Gestapo style, Operatives of the Department of State Services (DSS) forcefully rearrested the suspended Governor of Central Bank of Nigeria, Godwin Emefiele right within the premises of the Federal High Court, Lagos, where he is standing trial on charges of unlawful possession of a firearm. The altercation that ensued between Officers of the Nigerian Correctional Service (NCS) and DSS Operatives after the Judge had granted the embattled Emefiele bail, left many aghast and disgusted. Legal pundits and many Nigerians see this a desecration of the very institution that guaranties freedom, and protects democracy. For many, this impunity typifies a throwback reminiscent of the highhandedness of the despotic rule of military oligarchy of the 1990s. Norrison Quakers, SAN, Chief Aikhunegbe Anthony Malik, SAN and Dr Monday Onyekachi Ubani examine the worrisome issues in the unfortunate incident 

Legal Periscope and Intrigues Over the Arrest and Detention of Emefiele By DSS

Norrison I. Quakers, SAN, FCArb

Introduction

The Media has been awash with the intrigues playing out over the arrest of suspended Central Bank of Nigeria (CBN) Governor – Mr Godwin Emefiele. The Department of State Services (DSS) arrested him in June 2023 and charged him to Court after the High Court in Abuja granted an order on July 13, 2023. 

Admittedly, the myriad of challenges confronting our fatherland, is such that is befuddling. But, some are very avoidable in securing our democratic gains, and ensuring the sanctity of the Courts in Nigeria; a good example is the intrigue relating to the detention of Mr Godwin Emefiele by the DSS. 

Powers of DSS

The establishment Act of the Department of State Services (DSS), precisely Section 6 of the National Security Agencies (NSA) Act 1986 Cap. 74, LFN 2004 is clear on its functions; being for-

(a) the prevention and detection within Nigeria of any crime against the internal security of Nigeria;

(b) the protection and preservation of all non-military classified matters concerning the internal security of Nigeria; and

(c) such other responsibilities affecting internal security within Nigeria as the National Assembly or the President, as the case may be, may deem necessary.

The Position of the Law on Rights of a Suspect

It is settled that the Administration of Criminal Justice Act 2015 (ACJA) which repealed the Criminal Procedure Act and the Criminal Procedure Code, makes better the protection of the rights of a suspect; Section 8 (a) and (b) is clear, that a suspect should be given amiable treatment with regards to the dignity of his person, not be to exposed to a hostile or unpalatable treatment through extreme distress. Likewise, several provisions of Chapter 4 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) also recognises the protection of the rights of a suspect; as such, ACJA does not make use of the word ‘accused person’ to uphold the presumption of innocence of a suspect.

The Legal Issues

Of note, a Civil Society Organisation had approached the High Court of the Federal Capital Territory in Nigeria, which ordered that the CBN Governor should not be arrested, questioned or detained until the matter in Court is heard and determined. 

Thus, a cursory examination of the scuffle involving the DSS at the Federal High Court, Lagos, after Hon. Justice Nicholas Oweibo granted bail in the sum of N20 million to Godwin Emefiele is condemnable. Since Hon. Justice Nicholas Oweibo ordered that the Nigeria Correctional Service (NCS) should take custody of him pending the fulfilment of the bail conditions granted him, it is expected that DSS would honour this and exercise restraint, rather than defiling the Court premises as done by the Gestapo-Style Arrest. 

Remarkably, the Ministry of Justice is prosecuting Godwin Emefiele, on charges of possessing a single-barrelled shotgun (JOJEFF MAGNUM 8371) without a licence. On a further examination of the Charge, the question that readily comes to mind is – should the Charge for illegal possession of firearms/unlawful firearm possession not have been filed by the Police? Another is – why is there so much delay in the investigations? 

Conclusion

Of note, the Godwin Emefiele has initiated a suit against the DSS Director General and the Attorney-General of the Federation, amongst others, seeking the enforcement of his fundamental right to freedom of movement and dignity of human life.

As noted in the case of Chief Joseph Oyeyemi v Commissioner for Local Government Kwara State (1992) 2 SCNJ 266 at 278 where the Supreme Court held:   

“Courts have a duty to protect vested rights, as otherwise lawlessness will reign. So, they have always taken the view that any attempt by a competent authority to take away a citizen’s vested rights, must be done in strict compliance with the law and any laid down procedure therefore”. 

It is important for all agencies to bear in mind that, the sanctity of the Judiciary must remain intact and unwavering at all times. Hence, the erring Government officials involved in the Federal High Court, Lagos scuffle should be made to face the consequences of their despicable conduct.

From the foregoing, it is also important that a Police Enforcement Unit be created in all Courts across the Federation, to aid the Courts in the protection of its sanctity; and personnel of the Police Enforcement Unit stationed therein are to work strictly with the Justices of the Court, in ensuring a smooth justice delivery process.

Norrison I. Quakers, SAN, FCArb

DSS and the Desecration of the Rule of Law: Time for a Paradigm Shift

Chief Aikhunegbe Anthony Malik, SAN

I must forewarn myself against the temptation of concluding that the brazen and unabashed show of strength by the officers of the Department of State Services (DSS), otherwise more commonly known as DSS, and the men of the Nigerian Correctional Service, NCS (hitherto known as Prison Service) on Tuesday, the 25th of July, 2023, in the very hallowed premises of the Lagos Division of the Federal High Court,  was the height of infamy for our country Nigeria, in order that I be not found guilty of hasty conclusion and be accused of a display of naivety in the interpretation of the trajectory of our daily grind as a nation. 

It is always predictably in tune with the pattern of our national life, that before the echoes of a prevailing infamy that one may want to regard as the height of it all drown, another greater infamy lurks in the offing, rearing its ugly head.

Court Infamy 

Even as one may dread to conclude on the measure of the last court infamy by the personnel of the two key security organisations on account of the above stated reality, one cannot also shy away from stating that the scuffle was a clear demonstration of the level of disdain the Judiciary is held. Indeed, the spurning by the men of the DSS, of the order of court granting bail to the suspended CBN Governor, Mr Godwin Emefiele, and the inglorious conduct of the two security organisations, culminating in the wielding of their sophisticated arms in a show of infamous strength, all point eloquently to where each of the two organisations owes its respective allegiance. Sadly, it is not to the rule of law, but to their respective operational commanding heights.

I refuse to go with the general flow of thought, which views the NCS as the victim in the circumstance. Although for the DSS, flouting orders of court appears to have been mainstreamed into its core operational values, the NCS cannot equally be held blameless, having regard to the values of civilisation underpinning the rule of law, in following the DSS to the gutter in the courtroom infamy. 

On deep retrospection, the anathematisation of the Judiciary in the desecration of its order by security organisations follows closely as a learning curve for the culprits, the desecrating and affrontive steps first committed in-house by its very own in the legal profession. Are we all not living witnesses to the infamy of a past Attorney-General of the Federation, whose pastime was to play sport with orders of courts which he sought recklessly to give interpretations suited to his whims and caprices? Or is it the uncertainty that now characterises judicial decisions in virtually every hierarchy of court, and making nonsense thereby, of the much-for reasons hallowed principles of judicial precedent and stare decisis?

It bears no repeating that, a society is nothing other than the sum of its component parts. In a manner of speaking, Nigeria’ neck is currently under the asphyxiating grip of its critical component parts: the security organisations, each functioning under a delusion of grandeur of its superiority to the other, and refusing thereby to function together in institutional co-operation and harmony  in the maintenance of the whole. 

For reasons afore-stated, the complicitous outing of the Judiciary whose orders are now being flagrantly and wantonly disobeyed, deserves a mention. To call a spade not by any other nomenclature, corruption in the Judiciary, by which injustice is marketed, more than anything else, has greatly eroded public confidence – a sine qua non for obedience or obeisance to judicial orders. No one else puts it better than the undisputable legal sage, Lord Denning, Master of the Rolls, (may the Lord bless his soul) thus,  in Metropolitan Properties Co (FGC) Ltd v Lannon  (1969) 1 QB. 577; when he stated: 

“Justice must be rooted in confidence, and confidence is destroyed when right-minded people go away thinking: ‘The Judge was biased”.

He went on to further nail it in his treatise, The Family Story (Butterworths, 1981) 162, thus: 

“When a Judge sits to try a case with a jury, he is himself on trial – before his fellow-countrymen. It is on his behaviour, that they will form their opinion of our system of justice. He must be robed in the scarlet of the Red Judge – so as to show that he represents the majesty of the law. He must be dignified – so as to earn the respect of all who appear before him. He must be alert – to follow all that goes on. He must be understanding – to show that he is aware of the temptations that beset everyone. He must be merciful – so as to show that he too, has the quality which ‘droppeth as the gentle rain from heaven upon the place beneath”.

The admonitions of Lord Denning, as enunciated above, appear to be premonitory of the Nigeria’s contemporary judicial imbroglio. 

Chief Aikhunegbe Anthony Malik, SAN, Constitutional Lawyer, Abuja

DSS Imbroglio and NBA’s Prompt Response

Dr Monday Onyekachi Ubani 

I appreciate the promptness of our NBA President, Mr Yakubu Maikyau, SAN, in reacting to the show of shame that happened at the Federal High Court, Lagos by the officers of DSS last week.

It is obvious that our Judiciary and its powers were being undermined, by such a lawless and senseless display of power by the Officers of the DSS in the court premises. The legal profession cannot afford to be silent, when everything about it is being threatened or destroyed by lawless government officials. It is dangerous!

The truth is that, the order of the court was explicit on who should take custody of the Defendant, in this case Mr Godwin Emefiele, suspended Governor of Central Bank of Nigeria. It is appalling that the DSS who had him for over a month, was eager to take him back into their custody, despite the express order of the court. What more offence/s are they desiring to investigate, which they did not complete for the over one month they had him in their custody? Were they not the ones, who came up with the miserable charge of illegal possession of a firearm after his long detention? It is now that they want to investigate the alleged funding of terrorism? We joke too much in this country! 

Who actually should be blamed in the circumstance, DSS or Correctional Centre?

If we take into account that before last week’s incident,  there had been several court orders that directed the release or arraignment of Mr Emefiele which were observed in breach by DSS, we cannot but lay appropriate blame on the doorstep of the culprit, which is DSS. No prevarications gentlemen!

The attitude and exercise of power by DSS under this new dispensation, needs to be interrogated. Their penchant and impunity in disobeying court orders, needs the bold condemnation of the Nigerian Bar Association, to nip their contempt for rule of law in the bud. We do not need to patronise them at all, as they are hell bent on destroying the rule of law and by extension, our hard won democracy.

I believe that President Tinubu’s Government owes Nigerians the onerous responsibility of towing the line of rule of law and obedience to court orders. If he chooses to go the way of other administrations in Nigeria, let him  rest assured that, patriotic-minded Nigerians will resist him and his planned autocratic regime. The citizens have suffered enough, and are ready to take their destinies in their hands this time around. A word is enough for the wise.

Dr Monday Onyekachi Ubani, immediate past Chairman of NBA Section on Public Interest and Development Law (SPIDEL)