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DSS and Accusations of Disobedience to Court Orders: Setting the Records Right
By Peter N. Afunanya
Recently, the media is awash with various commentaries about DSS disobedience to Court Orders. These accusations, as wrong as they are, have peaked in the Emefiele saga. It may interest the public and indeed the avowed critics of the Service to note the following incidents and timelines to show that it has religiously obeyed Court orders in respect of the case and even others.
In 2022, the Service commenced the investigation of Mr Godwin Emefiele on suspicion of Terrorism Financing, Money Laundering among others and subsequently applied to the Federal High Court, Abuja for his arrest and detention. But the Chief Judge objected to the order and clearly stated that the Service did not need an order to investigate or arrest him. Emefiele was to later obtain a restraining order issued by Justice MA Hassan of the FCT High Court against the Service. Instructively, the DSS obeyed this Order and did not arrest or detain Emefiele.
However, on 9th June, 2023, Emefiele was suspended as CBN Governor by the President. Based on new information and suspected criminal infractions, the Service, as expected by law, arrested and detained him using a Magisterial Order. On 10th July, 2023, Justice Hamza Mu’azu of the FCT High Court, while recognising that the DSS had every legal right to arrest, detain and investigate Emefiele, ordered for his release or prosecution within seven days. The Service expeditiously and expressly complied with the order and charged him for illegal possession of firearms and ammunitions being one of the criminal suspicions. The Muazu Order had, by implication, extended Emefiele’s detention by seven days with effect from 10th July, 2023 when the initial detention order had expired.
Within the same period, Justice Bello Kawu of the same FCT High Court, while dismissing reliefs sought by Peter Abang, Counsel to Emefiele on 14th July, 2023 ordered for the release or prosecution of Emefiele within 48 hours. However, the Service had complied with the seven days ultimatum issued by Justice Muazu. In obedience to rule of law, Emefiele was arraigned before Justice Nicholas Oweibo of the Federal High Court, Ikoyi, Lagos, on 25th July, 2023 for illegal possession of arms and ammunition. The Service had long issued a press statement over the incident that happened at the Court between its staff and those of Nigerian Correctional Service (NCoS) and pledged to investigate it. Though the investigation is ongoing, the preliminary findings are quite shocking considering the ignoble roles played by some public officials.
As normal with criminal investigations, security agencies re-arrest suspects when there is adequate suspicion of commission of a crime or as may be revealed by an ongoing investigation. Emefiele was re-arrested on the basis of this. Even though the re-arrest was tainted by the overzealousness of personnel of the Service and NCoS, it was nonetheless legally procedural.
Later, the Service applied for an Exparte Order at the FCT High Court presided by Justice Edward Okpe (and not Justice Mu’azu as erroneously and massively reported in the media) to detain Emefiele for 14 days. Against the established rules regarding exparte applications, a lawyer suddenly appeared in the Court for Emefiele. While the Judge did not outrightly reject the DSS request, he struck out the motion upon its withdrawal by the Service counsel. But this is not without his guidance. Earlier, the Judge had drawn the attention of the Counsels to Section 293 of Administration of Criminal Justice Act (ACJA) which also recognises the Magistrate Court as a competent Court that can first be approached for an order for custody of a suspect under investigation. In other words, the Service, having taken the hint of the Court, took the right steps. What transpired at the Court was, thereafter, variously misrepresented by some mischief makers. Part of the disinformation is to the effect that the Court “struck out the application and stated that it was an abuse of judicial process”. That was not what the Court said. What Justice Okpe said was “the Applicant having withdrawn the application, same is hereby struck out”. That was all. The Court records are there. But purveyors of fake news distorted the message to suit their intent; just to make the Service look bad – a sort of giving the dog a bad name in order to hang it.
Many had gone to town with stories of DSS fragrant disobedience to Court Orders especially in view of the last episodes at the High Courts in Lagos and Abuja. With what played out at the Court on 27th July 2023 under Justice Okpe, the Service immediately applied and obtained a detention Order from a Magistrate Court. So, Emefiele is legally detained. For reasons that the Emefiele case is subjudice, the Service will restrain from making further comments on the subject matter.
For either lack of knowledge or deliberate act to ignore the truth, there has been sustained bashing of the Service and its leadership in the media and public spaces. It is ironical that the same people who condemn media trial are daily taking the Service through the same. The actual points are however, not lost on the Service. It is aware of the depth of the orchestrations and even deeper plot to incite the judiciary against it.
Targeting DSS DG, YM Bichi, for insidious media attacks is needless. Any DGSS, even if brought from heaven among the angels, will discharge the DSS mandate. There isn’t a time in our national sojourn for greatness that key organs of government will cease to exist or not needed. The DSS, like the CIA, FBI among others, is a major and positive instrument of State administration and management. It is essential for statecraft, governance, stability and public order. Scraping it as being canvassed by the uninformed is unreasonable. It is indeed obvious the DSS is misunderstood. It is obvious there is a mob action against the Service. Allow the DSS be. Allow Bichi, a fine gentleman officer, be. Support DSS. Support Nigeria. As in the national anthem, Arise, O Compatriots.
Some critics have made varied insinuations including abusing the Service, its leadership and completely distorting the significant historical role of the Service in nation building. Others have said it is wobbling and of no relevance. Laughable. The DSS is not tottering. It is standing and firmly too. Even the worst of its critics knows that the Service has played (and still plays) stabilising roles for the nation. Its loyalty and patriotism are incomparable. The Service is a stabilising force for the country’s democracy. Same for the indivisibility and indissolubility of Nigeria’s sovereignty. Only a collaborative support from stakeholders will strengthen this. The Service does not claim to know it all; a reason it allows for constructive criticism and makes out time to explain itself in line with transparency and democratic accountability.
Whether on Emefiele, Bawa or Kanu, the Service has obeyed judicial orders and handled the cases procedurally and in accordance with the rule of law. Critics are encouraged to be a bit more discerning and up their research capabilities. Doing so will reveal that the Service obeys orders. The Court of Appeal judgement on Kanu is recommended for detailed study. Maybe, we can decipher the difference between Discharged and Acquitted and what the use of either or both mean in the final order of a Judge. The DSS is an ardent respecter of the law. Anyone may argue this but it is true. It is in this regard that it has applied for either a stay or notice of appeal on some of the matters. One who does not obey the laws will not resort to legal procedures like the DSS has done.
Let those seeking justice not intimidate the Judges or derail law enforcement efforts. Judges deliver justice without fear or favour and should be allowed to discharge their duties honourably. For the umpteenth time, the Service reiterates its unequivocal stance on rule of law and respect for the judiciary. This position remains unchanging despite the futile attempts to paint it otherwise.
Peter N. Afunanya Ph.D, fsi is the Public Relations Officer, Department of State Services (DSS), National Headquarters
Abuja.
Fresh facts have emerged over the abduction of school pupils and the killing of two teachers alongside an okada rider in Ahoro-Esiele, Oriire Local Government Area of Oyo State, as investigators uncovered how suspected informants allegedly maintained communication with the abductors through telephone conversations.
The Oyo State Police Command disclosed that investigators tracked the suspects through calls believed to have been exchanged with the bandits during and after the operation.
According to the police, the conversations allegedly contained details on how the criminals could successfully navigate routes within the National Park to hidden locations used as safe havens.
The breakthrough led to the arrest of no fewer than six suspects, who are currently in police custody and assisting security agencies with ongoing investigations into the gruesome incident.
Confirming the development on Tuesday morning, the State Police Public Relations Officer, CSP Olayinka Ayanlade, said the suspects were apprehended during coordinated security operations across different locations in the State.
“We have six suspects in custody and they are assisting the investigation,” Ayanlade said.
He added that preliminary investigations revealed that the suspects allegedly served as informants to the bandits responsible for the abduction and killings.
“Our findings showed that some of the suspects were in contact with the abductors through telephone conversations and investigators are analysing those communications as part of efforts to uncover the full network behind the crime,” he stated.
Ayanlade further disclosed that security agencies uncovered discussions allegedly centred on routes through the National Park and locations believed to have been used by the criminals as hideouts.
“The conversations contained information on how the abductors could move through the National Park undetected and reach safe locations,” he added.
The police spokesman explained that the suspects were arrested during joint operations involving the Nigerian Army, the Nigeria Police Force, the Western Nigeria Security Network codenamed Amotekun, the Nigeria Security and Civil Defence Corps (NSCDC), and Agro-Rangers.
“The arrests were made possible through intelligence-driven operations carried out by joint security operatives working collaboratively to dismantle the criminal network,” Ayanlade said.
He assured residents that security agencies were intensifying efforts to apprehend other fleeing members of the syndicate linked to the attack.
“We are committed to ensuring that every individual connected to this criminal act is identified, arrested and brought to justice. Investigations are still ongoing,” he said.
The incident, which claimed the lives of two teachers and an Okada rider while school pupils were abducted last Friday, has continued to generate concern among residents of the affected communities and neighbouring areas in Oyo State.
Governor of Oyo State, Seyi Makinde, has confirmed that one of the teachers abducted during the recent terrorist attack on schools in Oriire LGA of the state, has been killed in captivity.
Speaking on Sunday during a press briefing on the incident, Makinde described the situation as “difficult and challenging”, saying the state government is intensifying efforts to rescue the remaining victims.
On Friday, gunmen riding motorcycles invaded communities within the Ahoro-Esiele/Yawota axis of Oriire, Ogbomoso, and abducted students and staff members of Community High School, Ahoro-Esiele, L.A. Primary School, Esiele, and Yawota Baptist Nursery and Primary School.
The attack left an assistant headmaster, identified as Joel Adesiyan, and a commercial motorcyclist dead.
According to Makinde, a video received by the state government confirmed the killing of one of the abductees identified as a mathematics teacher.
“What we know is that seven teachers in all were abducted and unfortunately, we got a video this morning that one of the teachers, the maths teacher, was killed by the terrorists this morning,” Makinde said.
Authorities have yet to confirm the exact number of schoolchildren abducted.
In the aftermath of the incident, videos recorded from captivity began circulating on social media, showing abducted teachers pleading with the government and Nigerians for urgent intervention.
One of the viral videos featured Rachael Alamu, principal of Community High School, Esiele, appealing to the government to help secure the release of the victims before they are killed.
Makinde detailed that six persons had been arrested within the affected locality over alleged links to the attackers, and that another three “persons of interest” were also arrested in connection with the attack.
“The information available from the Commissioner of Police is that six individuals have been arrested within the locality. Some of them were believed to perhaps be informants to people running logistics for the terrorists,” he said.
Following the attack, the Oyo Police Command announced the commencement of an intensive manhunt and rescue operation involving multiple security agencies.
Makinde said personnel of the police, military, the Western Nigeria Security Network codenamed Amotekun, and local hunters were mobilised immediately to pursue the attackers.
The governor said, however, some Amotekun operatives sustained injuries after encountering improvised explosive devices planted by the terrorists during the operation.
“After the incident, Amotekun, the police, military and hunters were mobilised to go after the terrorists and it was along that line that they ran into IEDs and some of the Amotekun operatives were wounded,” he said.
Sources told TheCable that the terrorists had initially opened fire on the security operatives who were approaching the Old Oyo national park on motorcycles, causing them to flee.
“When the shooting subsided, the operatives decided to go for their motorbikes. Unfortunately, a dynamite exploded against one Amotekun corps member and he was wounded. He has been taken to the hospital for medical attention,” a source said.
“Apart from air raid, the Old Oyo National Park Area can’t be easily accessed through infantry. It’s a long distance from the Oowe River which forms a natural landmark boundary for the park. Motorcycles would have to be used for the journey, but the noise of the approaching motorcycles alerted the terrorists.”
Makinde linked the attack to increasing pressure being mounted on terrorist groups in the north-east, warning that fleeing armed groups are moving into other parts of the country, including the south-west.
“With the pressure on the terrorists in the north-east theatre, they will keep moving southwards. Today, the governor of Kwara state has spoken to me. But the problem we have is that when you have pressure in one place, we must be prepared on this side to either repel or neutralise any terrorists fleeing the pressure,” he said.
The governor harped on the need for sustained government and security presence in vulnerable communities, warning that temporary military operations without long-term security measures could leave residents exposed to future attacks.
“If all we can do is clearance operations for a week or two and leave that place, the terrorists will come back and the people will become vulnerable,” he said.
He assured residents that the state government would be deploying military and non-military strategies to secure the release of the abducted victims and tackle the growing security threat.
“We have decided that we will adopt not just the kinetic approach. We have not taken this lightly,” he added.
Makinde also appealed for calm and patience from residents, acknowledging the complexity of the operation.
“I want to appeal to everyone that we are doing everything within our power to ensure that this would be resolved quickly and we bring our children back safely, but it is a very difficult and challenging situation so there may not be quick fixes,” he added.
Source: TheCable
By Henry Ukazu
Dear Destiny Friends,
Complaining is part of human nature. We complain about our health, school, family, friends, work, finances, government, and life in general. Human beings literally complain about everything and anything.
Over time, I have come to discover something about life: complaining doesn’t solve a problem; it adds to it. According to the Book of Life, why worry when you can pray? The moral of this statement is that instead of worrying, why not look for solutions? When you worry, it only accumulates the problems, but when you explore avenues to solve a problem, you’re literally praying.
Complaining is like having a problem and apportioning blame to another person instead of fixing it. One of the hallmarks of great minds is the ability to solve problems, while little minds complain.
In the world of visionary leaders, they don’t complain; rather, they see complaints as challenges of life, while lesser minds see complaints as problems of life. Again, while great leaders see problems as a gateway to make money and succeed by proffering solutions, little minds see problems as obstacles limiting their growth to succeed. Same action but different results and consequences.
As human beings, we tend to focus on what we don’t have instead of focusing on what we have. It’s only when we appreciate what we have that we give room for opportunities and favors to come to us. It’s unfortunate some of fucus on what we are going through instead of what we are becoming.
It’s instructive to note that complaints don’t lead us anywhere, rather it hinders our progress. Nobody likes complainers; complainers are usually seen as energy suckers because all they do is take without giving. Instead of complaining, why not practice gratitude? Gratitude helps to draw and attract opportunities.
In the world of human relations, the ability to manage people is an uncommon skill. One must learn to nurture relationships. Human beings can be difficult to manage. While some exhibit meekness, gratitude, cheerfulness, and loyalty, some exhibit bitterness, frustration, depression, sadness, and sorrow. What most people don’t know is that we have the ability to change how we manage our lives and how we react to what life throws at us through our attitude.
Don’t get me wrong, I’m not insinuating that complaining is wrong; rather, I’m insinuating it’s not healthy for our mental health. The only time we can complain about something is when we are proffering a solution; by so doing, we have highlighted the problems and proffered the solution.
Complaints make us blind to see the good in others. As a word of advice, if you focus exclusively on the shortcomings of the people with whom you have to relate and forget that they have a good point, it will be difficult to see the good in them.
According to Yomi Garnett, focus on the good side of people and be intentional in learning about their mindset and inquire what made them who they are. Also, focusing on the good side of people despite their bad or weak side makes them feel valuable as human beings, and by so doing, we show our empathic personality.
In conclusion, resolve today to stop complaining and start appreciating the challenges of life with gratitude.
Henry Ukazu writes from New York. He works with the New York City Department of Correction as the Legal Coordinator. He’s the founder of Gloemi. He’s a Transformative Human Capacity and Mindset coach. He is also a public speaker, youth advocate, creative writer and author of Design Your Destiny Design and Unleash Your Destiny . He can be reached via info@gloemi.com
