-Daniel Njienue, December 7, 2019, news/comments.
LAGOS/ABUJA-Reacting and answering questions from Afrikanwatch Media Newsroom, on the functions play by the Department of State Security Service, (DSS), pertaining constitutional matters and security, and why the service was created, including the need for Constitutional review is Mr. Dennis Amachree, a former Assistant Director of DSS and, Chief Barr. Benson Ndakara, including Prof. Timothy Atte, both duo are legal practitioners.
Amachree on his part, gave detailed insight on why DSS was created and how he will always support and project the service, because that is his primary constituency. His words:
“I am very apolitical and remains a security professional. However, with the situation at hand, and in answer to your question, I will like to take us down memory lane. The Nigerian Security Organization (NSO), was created by Decree 27 of 1976 by the Obasanjo’s administration as an Internal Security and Intelligence Agency. I joined the NSO in 1984. The agency served the Obasanjo’s administration, the Shagari’s administration and the Buhari’s administration. Because of the policy direction of the Buhari’s administration in fighting corruption and graft, the NSO was given a lot of powers to arrest and prosecute. A lot of people were detained and some were sentenced to many lifetime imprisonment.
The former head of state, General Ibrahim Badamasi Babangida’s administration took over and proscribed the NSO, opened up the cells and released all the corrupt politicians. In its place he formed the State Security Service (SSS) by Decree 19 of 1986. Very significant in these decrees was the clause that the Service will carry out any other function as directed by the President or Head of State. With this provision, the Service actually becomes a department of the Presidency, unlike its counterparts in the USA – FBI, CIA or Homeland Security departments whose allegiance is to the Constitution of the USA. So, the FBI can arrest their President if he commits a crime, but in Nigeria, the SSS cannot arrest their boss”
Continuing, the former Director, reiterated that, he has said it in different fora that the law enforcement agencies need a constitutional amendment to make the allegiant to the Constitution of Nigeria or the National Assembly, not to the President. ‘All the Heads of State and Presidents have brought their personal styles to bear on the security services and they have no choice but to carry out the directives of their bosses. That’s why I said earlier in a different articles that going to demonstrate at the SSS headquarters and trying to climb the premier walls is foolish and a misplaced protest. The place to go is the National Assembly which has the power to effect a constitutional ammendment. Such an amendment will move the direction of the SSS from regime protection to national (peoples) security. People now tend to transfer their anger to the SSS, even when it is couched in propaganda and falsehood. Despite the reporting line of the SSS, it has remained very patriotic and professional. SSS can never go into a courtroom with guns to cause a commotion as alleged in Sowore’s travail shown in a video in the social media, because they want to arrest Sowore. I am still challenging anyone who saw a gun in that chamber of justice to come forth and show everyone the picture”
.Professor Timothy Atte, affirms Amachree’s position, saying that, it is the position of the law biding their (SSS) modus operandi & rules of engagement…. But sad to note that most Nigerians hardly pay attention to details non listen to professional comments on issues but allow emotions & sentiments to override the focal point of the whole matters. “Whenever it comes to “Call for Action”….. Nothing should or can be underestimated especially when the said “Call for Action” it involves National Security Management….. Sowore might not have the “will power” to actualize his revolution’s agenda but there’s something we call “Sympathy of Purpose”. You can envisage what that can bring into the whole issue, because a lot of things can take advantage of such, ‘call to action’ and before a split of a second, you might not imagine what’s up in country”
Meanwhile, commenting on the need for constitutional review to settle some of the issues raised is Barr. Ndakara, who noted that the Judiciary cannot be blamed for most Nigerian woes but the failure of a review of the Constitution, and stressed further: “Review of the constitution is not the duty of the Judiciary but that of the National Assembly. The Judiciary can only interpreted the constitution”. He hinted that it is the media, civil society and others that will continue to put pressures on the government for a better constitution that will address most the contending issues in the country.
“Constitutional Amendment is the key. Now, people often wonder why some Judges are afraid to make certain pronouncement against the government. It lies in section 292 sub section 2 of the constitution. That section says, any person who has being a judicial officer, upon ceasing to be a judicial officer is not allowed to practice as a legal practitioner in Nigeria. The implication is that a Judge upon ceasing to be a Judge whether on account of retirement, dismissal, suspension or sack cannot ply his trade as a lawyer. Nothing to fall back on. His only choice is to be loyal against his wish. Cos if he loses his job, there is nothing to rely on unlike his medical counterparts who are free to set up medical outfits. That is why many of us have been clamouring for that section of the constitution to be amended so that a judge will be free to do justice without encumbrance, having in mind that if he loses his job he has his wig and gown to use”, he concluded. Corroborating this is Prof. Timothy Atte, a legal practitioner, who concurred to Ndakara’s point noted: ‘I absolutely agree with the assertion accordingly’
For breaking news, call 08028592006, email us: afrikanwatch@gmail.com and afrikanwatch122@gmail.com. Follow us on twitter : @afrikanwatchm, facebook: afrikanwatch Media, afrikanwatch, www.afrikanwatch.com, instagram, @afrikanwatchm
