Examining How The DSS Got The Mandate To Arrest Judges Over Financial Crimes

Top Boss At The DSS

Top Boss At The DSS

Firstly;

NATIONAL SECURITY AGENCIES ACT

An Act to disband the Nigerian Security Organisation and to create three security agencies, charging each with the conduct of the relevant aspect of the national security and other related matters.

[1986 No. 19.)

[5thJune, 1986]
[Commencement.)

1.     Establishment of National Security Agencies

There shall, for the effective conduct of national security, be established the following National Security Agencies, that is to say-

(a)    the Defence Intelligence Agency;

(b)    the National Intelligence Agency; and

(c)    the State Security Service.

2.     General duties of the National Security Agencies

(1)    The Defence Intelligence Agency shall be charged with responsibility for-

(a)    the prevention and detection of crime of a military nature against the security of Nigeria;

(b)    the protection and preservation of all military classified matters concerning the security of Nigeria, both within and outside Nigeria;

(c)    such other responsibilities affecting defence intelligence of a military nature, both within and outside Nigeria, as the President, or the Chief of Defence Staff, as the case may be, may deem necessary.

(2)    The National Intelligence Agency shall be charged with responsibility for-

(a)    the general maintenance of the security of Nigeria outside Nigeria, concerning matters that are not related to military issues; and

(b)    such other responsibilities affecting national intelligence outside Nigeria as the National Defence Councilor the President, as the case may be, may deem necessary.

(3)    The State Security Service shall be charged with responsibility 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.

(4)    The provisions of subsections (I), (2) and (3) of this section shall have effect notwithstanding the provisions of any other law to the contrary, or any matter therein mentioned.

(5)    In this section, “classified matter” has the same meaning assigned thereto in section 9 of the Official Secrets Act.


Secondly;

#DSS – Rule of Law101

1) Search Warrants are executed between 6:00 AM and 6:00 PM except on weekends.
2) Search Warrants are valid only if issued by a court of competent jurisdiction.
3) Search Warrants obtained in one State of Nigeria cannot be executed in another State excepted it is endorsed by a Magistrate or Judge equal in rank to the one that issued the Warrant.
4) Only two or three agencies in Nigeria are charged with the investigation of corruption cases namely the EFCC, the ICPC and the Nigeria Police.
5) Politically Exposed Persons (PEPs) and VIPs who do not constitute a flight risk are usually invited to appear before investigation Agencies.
6) The National Judicial Commission (NJC) is the only body empowered to sanction Judges and Justices found wanting in the discharge of their duties.
7) A current Governor is the Chief Security Officer of his State.
8) A current Governor enjoys immunity in terms of prosecution and the inviolability of his person.
9) The Judges in question have issued unfavourable judgements against the arresting Agency in the past, thus casting aspersions on the motive for their arrest.


Thirdly;

ISSUES FOR DETERMINATION
1) Did the arresting Agency actually procure an Arrest Warrant from a Court of competent jurisdiction?
2) Did the arresting Agency adhere to the rules governing the procurement and execution of a Search Warrant?
3) Did the arresting Agency exhaust the option of extending an invitation to the suspects before procuring the Arrest Warrant?
4) Did the arrested suspects at any time pose the risk of taking to flight?
5) Does the arresting Agency not have people at all the land, sea and air borders to prevent an escape of the suspects?
6) Did the arresting Agency at any time write a letter to the National Judicial Commission (NJC) highlighting the offences committed by the suspects and demanding their release for an interview?

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