About 24 hours after its men clashed with officers of the Nigerian Correctional Service (NCoS) at the premises of the Federal High Court, Lagos on Tuesday, over the custody of the suspended Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, the Department of State Services (DSS) on Wednesday, said it had commenced investigation into the incidence.
While apologising to the judiciary, the DSS said the sacrilege at the temple of justice was “unfortunate.”
However, the Nigerian Bar Association (NBA) on Wednesday, decried what it described as “despicable”, the clash at the premises of the Federal High Court, Lagos, just as it condemned the brazen disrespect for the judicial process and sanctity of the court premises.
Also, in his reaction on the development, human rights law and Senior Advocate of Nigeria (SAN), Mr. Femi Falana, called on President Bola Ahmed Tinubu to immediately sanction the DSS officials involved in what he termed a show of shame.
Other senior lawyers and public affairs analysts also expressed disappointment over the act displayed by the DSS, just as the African Centre for Justice and Human Rights (ACJHR) described the re-arrest of suspended CBN Governor as laughable.
Operatives of the DSS on Tuesday, re-arrested the suspended Governor of the CBN in the premises of the Federal High Court in Lagos, few hours after he was granted bail by Justice Nicholas Oweibo. The re-arrest attempt turned riotous when Emefiele came out of the courtroom led by a squadron commander from the NCoS, but was intercepted by DSS operatives, which made Emefiele retreat back into the courtroom. While Emefiele’s lawyers were busy perfecting his bail conditions, DSS sent for reinforcement. The mood in the court immediately changed as DSS personnel engaged in fisticuffs over who should take custody of the governor.
A statement signed by the spokesman of DSS, Peter Afunanya, stressed that the DSS had tremendous respect for the institution of the judiciary.
The DSS statement added: “The incident was unfortunate and does not in any way reflect the professional disposition of the DSS. The Service did not and would never encourage the incident under reference.
“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”.
It said the service had a robust working relationship with sister security and law enforcement agencies, including the NCoS.
The agency further claimed that the personnel from both agencies exhibited undue overzealousness.
“The service has further initiated detailed investigations into the matter. This is with a view to identifying the role played by specific persons as well as undertaking disciplinary actions if necessary and drawing some lessons going forward.
“For emphasis, the DSS has not broken any laws in handling the Emefiele case despite efforts by some elements to skew the narratives to the contrary”, it said.
The agency said it 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 service will ensure that it will not be used for clout and fame chasing or delusional heroism.
“It will, however, remain focused on its national security mandate and, therefore, enjoin well-meaning Nigerians to support it in achieving the desired security goals for the nation.
“It is imperative to note that we have no other country but Nigeria. We should join hands, with love and tolerance, to build it”, it said.
However, in a statement by its National Publicity Secretary, Akorede Lawal, on Wednesday, the NBA particularly denounced the DSS for its peculiar part in the disgraceful and unlawful conduct, considering the fact that the court had earlier ordered that the suspended CBN governor be kept in a Correctional Centre pending the perfection of his bail conditions.
The statement quoted the NBA President, Mr. Yakubu Maikyau, to have said, “the courts and judicial processes remain the barometer by which the conduct of persons or agencies of government are gauged in assessing the rule of law.”
The NBA President also described the incident as, “further evidence of the lack of discipline and absence of professionalism that continues to plague key security institutions in Nigeria, which, without doubt, is largely responsible for the limited progress in achieving a coordinated response to security concerns across the country.”
He added: “A situation where officers of federal government agencies engage in a fight as witnessed by the public, for whatever reason, is antithetical to our security as a nation and creates a recipe for anarchy and chaos.
“Both the DSS and the NCoS are important institutions dealing with national security and administration of justice respectively, and the need for them to work in concert towards attaining justice in a secured Nigeria cannot be overemphasized.”
While it was difficult not to hold the leadership of the two federal government agencies directly responsible for the shameful and disgraceful conduct of the personnel, the NBA President particularly called on the two agencies, “to take immediate disciplinary measures against the officers involved in this disgraceful conduct.”
In addition to this disciplinary measure, Maikyau also called for, “a complete overhaul of the institutions and a total reorientation of the personnel, to achieve professionalism and ensure synergy in the discharge of their respective constitutional responsibilities.
“The NBA remains committed to the promotion and protection of the principles of the rule of law and due process, within a safe and secured Nigeria.”
In his reaction, Falana called Tinubu to immediately sanction the DSS officials involved in the show of shame.
“Notwithstanding the avowed commitment of the Bola Tinubu administration to operate under the rule of law, a team of State Security Service officials brazenly disobeyed the orders of the Federal High Court this morning at the Federal High Court, Ikoyi.
“The court had admitted Mr. Godwin Emefiele to bail in respect of the offence of illegal possession of firearms. For daring to comply with the orders of the Federal High Court, officials of the Correctional Centre were attacked by gun-toting officers of the SSS.
“In view of the stern warning of President Tinubu that inter-agency physical attacks would not be permitted under his administration, the security officers who attacked officials of the Ikoyi Correctional Centre ought to be fished out and sanctioned. The federal government should also ensure that the orders of the Federal High Court are obeyed forthwith.
“However, all public officers should draw the necessary lessons from the current travails of Mr. Emefiele. As Governor of the Central Bank of Nigeria, he recklessly displayed arrogance and impunity by disobeying the orders of several courts, including the Supreme Court of Nigeria.”
Also, Convener of Lawyers in Defence of Democracy, Kingdom Okere, who spoke on Wednesday on ‘The Morning Show’ on ARISE NEWS Channel, the broadcast arm of THISDAY Newspapers, criticised the DSS Director General, Mr. Yusuf Magaji Bichi, over his action in the re-arrest of Emefiele, suggesting that he should be charged for contempt of court due to his disregard for the court order.
“It is very unfortunate that Bola Ahmed Tinubu decided to start on a very bad footing and make lawlessness the order of the day,” Okere said, condemning the show of force and what he termed as the DG’s overzealousness.
He further emphasised that no one, including the DSS DG, was above the law.
Okere, called for the immediate removal of Bichi from his position, stating that the DG had no right to countermand a federal high court order and undermine the principles of justice.
Accusing Bichi of being the president’s attack dog, Okere urged the Nigerian judiciary to take a stand by directing all federal high courts in the country to boycott DSS-related cases and prosecutions.
Weighing in on the matter, Amb. Joe Keshi, a former Nigerian Diplomat, who was also a guest on ‘The Morning Show,’ also criticised the unprofessional conduct of the DSS within the court premises. He argued that the DSS’s role should be limited to matters of national security, sabotage, and terrorism, and questioned their need to display such power during the arrest of a civilian.
Keshi, expressed concerns over the misuse of security agencies’ power, stating that in a peaceful country like Nigeria, such display of force was unnecessary and merely served their bosses’ interests.
Speaking further, Keshi stressed that the incident raised issues of justice, fairness, equity, and intimidation of Nigerians.
He explained that Emefiele had not been charged with any known crime, and the matter being attributed to him was a police affair.
“The DSS came out to show power when a civilian who has committed no offense is involved. He had no army or troops that would evade the law court so why were so many armed men in court?” he lamented.
It has become a pattern in this country for security agencies, including the police and the military to leave their normal functions and follow people, Keshi said.
He therefore called for accountability, urging Bichi to retire as he had been in power for eight years. He also emphasised the need for respect for the rule of law and the protection of citizens’ rights in Nigeria.
In its contribution, the African Centre for Justice and Human Rights (ACJHR) described the re-arrest of Emefiele by the DSS as laughable.
The group said a court judgement had earlier voided the terrorism allegations, barring the secret police from arresting Emefiele.
The organisation in a statement by its strategic communication consultant, Mr. Abubakar Isa, said it was laughable that a supposed intelligence agency, rearrested someone on claims of something that had already been ruled on by a competent court of law.
Part of the statement read, “it is laughable that a supposed intelligence agency rearrested Emefiele on claims of something that has already been ruled on by a competent court of law.
“Is the DSS now saying that the judiciary is wrong, incompetent and their judgement doesn’t matter so long as it doesn’t favour them?
“Months ago Justice M. A. Hassan of a High Court of the Federal Capital Territory (FCT) restrained the DSS and four others from arresting or detaining
“Emefiele over alleged terrorism financing. The judge held that the DSS acted wrongfully and illegally in instigating President Muhammadu Buhari against Godwin Emefiele in respect of the exercise of his statutory duty relating to the issuance of monetary policies and directives in the interest of the National Security and economy.
“Again recently a High Court sitting in Abuja presided over by Justice Hamza Muazu ordered DSS to immediately release Emefiele, from detention or charge him to court.
“It is clear that the secret police have a vendetta against Emefiele because despite several court rulings the operatives have refused to obey any and have continued to disrespect the judiciary.
“It is a huge disgrace what happened at the federal high court Lagos on Wednesday. President Tinubu should not allow the DSS to tarnish his hard earned reputation as a world renowned democrat.”
Alex Enumah, Kingsley Nwezeh, Sunday Aborisade, Emma Okonji and Nosa Alekhuogie
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