Legal Practitioner Faults FG’s Committee On SGF, NIA DG’s Investigation

A legal practitioner, John Oloyede, has faulted the Federal Government’s idea of setting up a committee to investigate issues surrounding the suspension of the Secretary to the Federal Government, Babachir Lawal and the Director General of the National Intelligence Agency, Ayo Oke.

He said in Nigeria, committees are set up to cover up lies. “There is a lie and you need a bigger lie to cover it up”.

“Why should the Vice President be heading a committee to investigate an allegation of crime against two individuals.

 Dead On Arrival

“Secondly, the Attorney General and even the Presidency authored a response to the allegations by the Senate, giving the Secretary to the Government of the Federation a clean bill of health previously.

“The clean bill of health was on the basis of a report that was submitted by the Attorney General of the Federation. You now set up a committee; that committee is dead on arrival.

“If you suspect that there is some proof that something untoward has been done and is an infraction of the law, the proper procedure is not to set up a committee that is dead on arrival.”

The lawyer therefore stated that the President should have taken a different step, rather than setting up a committee headed by the Vice President.

Let EFCC Investigate

“In Nigeria, you set up institutions and decapitate the institutions,” he said, while also noting that “what Professor Sani said, is playing out. You do not move two different sets of rules to fight corruption.

“If there is an allegation of crime against somebody, first and foremost, where did the first report come from? Now that it has become apparent to you (Mr President), that there is a problem with this particular person or persons, aren’t there institutions that are presently fighting the war on corruption? The EFCC, DSS, Police? He questioned.

“That administrative step should not be in public domain, it is not our business,” Oloyede added.

According to him, “the important thing now is that once a person is suspended, the EFCC should do their work.

“Let them investigate this person, just like they are investigating and charging other people to court. Why have two sets of rules for the same kind of crimes.”

He holds the belief that since the AGF had absolved the SGF before, he could easily do same this time around as he would not want to double speak. However, if he does otherwise, then his previous report would be questioned.

“If he says this man is guilty as charged, then we’ll say where did you get your false report before, why didn’t you do a thorough investigation? The chief law officer, involved in double speak, that is untoward,” he asserted.

Meanwhile, other reactions have continued to trail the suspension. The Chairman of the Senate’s Ad-hoc Committee on Humanitarian crises in the North East, Shehu Sani, however, stated that the suspension of Mr Babachir Lawal will not interrupt its ongoing investigation of the Presidential Initiative on the North East (PINE).

Magu’s Rejection: A Slap On Presidency, All Nigerians – Robert Clarke

Magu's Rejection: A Slap On Presidency, All Nigerians – Robert ClarkeLegal practitioner, Robert Clarke, has described the Senate’s rejection of Ibrahim Magu as the Chairman of the Economic and Financial Crimes Commission (EFCC), as a slap in the face of the Presidency.

He made this known while speaking on Channels Television’s breakfast show, Sunrise Daily.

He believes that the request for a second letter should not have been made because the President had already cleared him of any allegations made against him by the DSS’ first report.

“By asking for a second report, then you should have allowed the presidency to be aware of this before his presence before the Senate, because this is not a slap in the face of Magu, it is a slap in the face of the President, this is a slap on all Nigerians.

“When your president in his position has nominated somebody and you found him wanting and he claimed that “I have looked into it”, that is enough for you not to be asking for another letter.”

Although, there are arguments that Mr Magu’s continuation in acting capacity as the EFCC Chairman does not necessarily diminish his ability to probe issues of corruption, Mr Clarke explained that there is a difference between acting and being a confirmed chairman.

“Under the law, acting is different from being a confirmed chairman. the EFCC Act says there shall be a Chairman of the EFCC who shall be nominated for that appointment as chairman by the President; however, it must be confirmed by the Senate.

“Now the problem is, before you can nominate to the Senate, you must have done your home work. In the sense that, for every appointee, the President asks the DSS to write a report on them.

“Why should in the case of Magu, the DSS write straight to the Senate instead of writing to the President, something is wrong somewhere. They did it the first time, it backfired on them, they have done it the second time. I think what we should ask ourselves is who authorized the DSS to write that second report,” he questioned.

Undue Complication

On the other hand, another legal practitioner, Isaac Anumudu, says the issue of Magu’s rejection, has been unduly hyped by some persons.

Senate’s Rejection Of Magu, A Slap In President’s Face – Robert Clarke
Isaac Anumudu

“There is no complication whatsoever – It is just that certain gladiators, for certain reasons not yet known to Nigerians, are unduly hyping this issue and making a very simple, constitutional issue to look as if it is complicated”.

He therefore expressed worry over the fact that there could be something else that meets the eye on the issue which according to him, is accentuating it beyond the way it is meant to be.

Quoting Section 2 (3) of the EFCC Act, Mr Anumudu, explained that the nomination and subsequent confirmation of the EFCC Chairman is not a duty of the President alone as it is subject to the confirmation of the Senate.

“We are in a democracy and the intendment of section 2(3) is to take away arbitrary powers from the executive because the issue of EFCC chairmanship is a very tough position and seeing the damage corruption has done to our society, the intention was to put someone there who would be above board, who would be transparent.”

Mr Anumudu however stated that beyond the Senate’s explanation that Magu’s rejection was not based on the DSS report alone, it was glaring to Nigerians that he seemed incompetent for the job.

“Some of us watched the screening and we saw that Magu was rejected not on the report alone but based on his inability to show competence for the job.

“He was asked critical questions based on his job which he could not answer,” he stressed.

Mr Magu has been in acting capacity as EFCC chairman since November, 2015.

This occasion marked the second time in three months that he is being rejected by the lawmakers.

Adegboruwa Withdraws Case Against Magu’s Confirmation

Ibrahim Magu, EFCC Chairman, SenateLegal Practitioner, Mr Ebun-Olu Adegboruwa has withdrawn the court case he filed against the confirmation of Mr Ibrahim Magu, as the Chairman of the Economic and Financial Crimes Commission, EFCC.

At the Federal High Court Sitting in Lagos on Monday, a Senior Advocate of Nigeria, Mr Tayo Oyetibo, who appeared for Mr Adegboruwa, told the presiding Justice, Mojisola Olatoregun that he had persuaded his client to drop the case, in order to encourage Mr Magu in the anti-corruption campaign.

He also said there is need to give Mr Magu the opportunity to continue the anti-corruption campaign of the present administration and the case may affect Magu’s confirmation as such, so it was better to discontinue it.

Mr Adegboruwa who was present in court also got up to confirm this.

He told the court that he was well-persuaded by his counsel and in his second coming, Mr Magu will do a good job, to be more rule of law friendly and be holistic in his approach to the anti-corruption drive of the administration.

Mr Wahab Shittu who represented Mr Magu said he was happy with the development and was not opposed to the withdrawal of the case.

He also expressed the belief that the withdrawal would boost the anti-corruption war of the Buhari-led administration, especially with input and support of lawyers and activists like Mr Adegboruwa, who should bring their wealth of experience to bear on the fight against corruption.

After listening to all the parties, Justice Olatoregun consequently struck out the case.

In the case, Mr Adegboruwa, had sought to stop the Senate from proceeding with the confirmation of Magu as the EFCC Chairman, based upon his alleged corrupt practices and lavish lifestyle.

Senate Rejects Nomination Of Magu

The Nigerian Senate had refused to grant confirmation to the nomination of Ibrahim Magu as Chairman of the Economic and Financial Crimes Commission (EFCC).

Explaining the reason behind the decision, the Senate said that security report available to it showed that Mr Magu is not fit to be Chairman of the anti-graft body.

In this regard, the lawmakers sent back his nomination letter to President Muhammadu Buhari.

Re-nomination

But President Muhammadu Buhari undeterred, re-nominated Ibrahim Magu to be confirmed by the Senate as the substantive Chairman of the Economic and Financial Crimes Commission, (EFCC).

It was gathered that the President’s letter to that effect had been received by the Senate and may be read on the floor of the upper legislative chamber.

The Federal lawmakers had in 2016 turned down the President’s request for the confirmation of Mr. Magu who is currently the Acting Chairman of the anti-corruption body.

The decision by the Senate had been a subject of controversy as former Senate Leader, Ali Ndume, had insisted that Mr Magu was not rejected by the lawmakers but his confirmation was only stepped down for further consultation with the Presidency.

The position was swiftly countered by Senate spokesman, Aliyu Abdullahi, who insisted that the acting EFCC boss had been rejected.

He insisted that the official position of the Senate remained that the lawmakers cannot confirm Mr Magu because of security reports which showed that he was not fit to be EFCC Chairman.

Lawyer Explains Why He Is Not Surprised About Magu’s Rejection

legal-practitionerA legal practitioner, Gordy Uwazurike, says he is not surprised about the Senate’s rejection of Ibrahim Magu as Chairman of the Economic and Financial Crimes Commission (EFCC).

In his words, “I am not surprised that there is mudslinging between those who sling mud to others. In other words, the head hunters, are now head hunting themselves”.

He explained that it is a life and death struggle, between agencies such as the EFCC and DSS over who has the president’s ear.

The fight against corruption has remained a tough one as even those in the chairmanship position of the EFCC in the past, Nuhu Ribadu, Amina Waziri, have also left in controversial circumstances.

In the case of Magu, Uwazurike believes that “If you are fighting corruption and also relying on media trial to destroy those who you want to go after, one day it will come back to you.

According to him, the only person who was not rushed out of office was Lamorde.

He also believes that the treatment being metted out to Magu, is only a pay back of what he has done to others in the past.

“Magu has a serious problem, the EFCC under him has engaged in massive media trial of people. That method he is using against people is what is being used against him.

Speaking further, he equally questioned the authenticity of the DSS saying that some of the allegations raised against certain persons may not necessarily be based on evidence on ground, so long as the public buys into it.

Referring to the allegations against Magu concerning the 40 million Naira apartment which he currently occupies, the lawyer stated that:

“When they want to go after you, most of the things that are written in the press are rubbish, it is just to present you in court that matters.”

He however described the situation as an embarrassment to President Muhammadu Buhari, asking him to put his house in order as he can’t have two boys working for him (referring to the DSS and EFCC), both going in different directions.

In a statement earlier released by the Socio-Economic Rights And Accountability Project, (SERAP), it expressed that:

“The purported rejection by the Senate of Nigeria of Magu’s appointment as the chairman of EFCC is politically motivated and in bad faith and part of a persistent move by the National Assembly of Nigeria including the Senate and the House of Representatives and other agencies of government apparently working with them to undermine the ongoing fight against corruption.”

Ezeala Highlights Key Aspects Of Judicial Reforms

Ezeala Highlights Key Aspects Of Judicial ReformsA legal practitioner, Mr Chukwuma Ezeala, has joined in the call for the reform of the Nigerian judiciary as well as highlighted key aspects that need to be improved in the sector.

Ezeala who was a guest on Channels Television’s breakfast programme Sunrise Daily, believes that the wrought in the system needs to be addressed.

He also believes that the 100 billion Naira budget for the sector in the 2017 budget is coming at the right time as the sector needs to move to the next level.

“Considering the problems we have in the Judiciary, considering the constant demand for funding, it will certainly make a little difference but I think we should do more.

Outlining some of the outstanding requirements of the Judiciary, he said: “we have a lot of challenges today, we have a lot of people being taken to the judiciary, we need to appoint more judges, we need to improve the court rooms.

According to him, “when you get into the court, you see that a lot of people are hanging outside.

“We need more court rooms, more buildings for the courts, we need to make them a bit more comfortable.

“If we are fighting corruption, where would we start, if not making that area a bit more comfortable, more friendly.

Pointing out the fact that Judges are still writing in long hand, Ezeala stressed the need to employ more people.

He also believes that another problem which might hinder the speedy development of the sector is how much would actually be released.

“You know the performance of our budget depends on how much they are ready to release,” Ezeala posited.

Presidential Committee On Corruption Presents Report      

Corruption, Itse sagayOne year after its inauguration, the report of the Presidential Advisory Committee Against Corruption, has come out with its recommendations.

In its report from August 2015 to July 2016, the Executive Secretary, Bolaji Owasanoye, highlighted areas of concentration.

Amongst are the things that the committee maps out as sentencing guidelines for high profile cases where huge monies are trapped.

He decried the amount of monies that the Nigerian government has lost to such cases and its effect on the economy.

“If we do simple arithmetic of all those high profile cases, just add the sums and see how much you will come up with, it will be far above two trillion and because the state has not recovered the money, we will see the effect on the economy,” he said.

The chairman of the committee, Professor Itse Sagay, also added that Nigeria needs an upright judiciary without which the nation’s democracy would collapse.

The sudden raid of the houses of some judges by the DSS and the subsequent arrest of the judicial officers drew a plethora of reactions recently.

But Professor Sagay described the anti-corruption campaign of the President as right, while describing the criticism from Nigerians as totally wrong and shocking.

“We need the judiciary but we need an upright judiciary. Without that, one arm of government will collapse and democracy will collapse.

“Let us think of the implication of what is going on. If we don’t put the judiciary right or have a judiciary in which we have confidence, with integrity and honour, with moral authority, then we have no government and we have no democracy,” he said.

DSS Cannot Enforce The Law By Being Unlawful – Muyiwa Subo

DSS Raid, Law, Muyiwa SuboFollowing the reactions that trailed the recent raid on judges by the Department of State Services, legal practitioner, Muyiwa Subo says “one cannot enforce the law by being unlawful”.

He made the comments on Channels Television’s breakfast programme, Sunrise Daily, while addressing the issue of the raid on homes of some judges of the Supreme, Appeal and High Courts, by the DSS.

Mr Sobo said the case was largely an abuse of the judges’ rights to privacy.

Bringing in an international perspective, he said “the right to privacy is such a huge aspect of civil liberty in any democracy.”

He also condemned the comments purportedly made by the Attorney General of the Federation, Abubakar Malami, that they should go to court if thing such rights were violated.

The DSS argued that “the way one acquires evidence may be questionable, however it doesn’t mean the evidence would not be valid in court”.

The DSS claims to have received a search warrant which is admissible according to the Administration Of Criminal Justice Act of 2015.

Meanwhile, Mr Sobo on the other hand argued that the admissibility of evidence regardless of how it is acquired, is against civil liberties in a democracy.

“This is because the people must have the confidence that they are safe in their homes, against the power of the government. Besides you cannot gather evidence of corruption simply based on a person’s lifestyle” he added.

He therefore maintained that evidence should not be valid if illegally obtained.

Speaking further on the idea behind the sting operation, the legal practitioner asserted that a search warrant is only needed when attempting to prevent destruction of evidence or in a case where public safety is involved.

Requesting to know what formed the basis of the investigation, he insisted that the DSS must defend its actions otherwise, “it means everything seized during that process will not be admissible”.

A wrong move

Another legal practitioner, Shina Fagbenro-Byron also deplored the

shina-fagbenro-byron
Shina Fagbenro-Byron

manner of approach of the DSS.

He said “if they had a reason to believe that there was an on-going crime as at the time they broke in, then their actions can be justified.

Before resorting to breaking down doors, he asks, “did they knock and the judge did not open”

Mr Byron however stated that the judiciary needs to take a deep look at itself to determine if they are instruments of justice or of law.

He admitted that the justice system has had some challenges and “there is corruption there just as there is everywhere else in the world”.

Judges’ Arrest: Former British Cop Berates Execution Of ‘Sting Operation’

vince-onyekwelu-judges-arrestThe arrest of some court judges by a combined team of Police and DSS officials in the early hours of Saturday, October 8 has continued to generate reactions.

While various judicial stakeholders have criticised the government for the arrest, a former British police officer, Vince Onyekwelu, has picked holes in the level of expertise displayed by the DSS during its execution of the operation.

The security analyst told Channels Television’s Sunrise Daily how the arrest should have been carried out, since it was believed to be a sting operation.

“We have to understand (that) one of the major concepts of a sting operation is deceit.

“When you talk about deceit, sting operations are planned to have this element of propaganda, element of treachery, element of ‘make believe’ (and) element of trying to deceive a potential criminal,” he explained.

Outer Shell

Speaking on Thursday’s edition of the programme, Onyekwelu expressed disappointment that Governor Nyesom Wike was able to interrupt the arrest of one of the judges at his residence in Port Harcourt, the Rivers State capital.

He stressed the importance of the strategy that ought to be used and questioned if the security operatives were capable and competent to carry out such operation.

“For example, there is what we call ‘the outer shell’.

“You have to block the entrance (and) position men at critical areas.

“It makes me to ask questions how come the Governor had access to go through this outer shell (and) come to the epicentre that he was able to influence what was going on there.

“You’re supposed to have an outer shell that is well-trained to contain and to stop any kind of politically exposed person that have got so much power.

“He (Wike) can tell you his concerns (while) you record them in your notebook and promise to get back to him in the next 24 hours, but not to give him access to influence what is going on,” he stated.

Although the DSS later justified its action by giving reasons for the arrest, the operation attracted criticisms from several notable Nigerians and professional bodies, including the Nigerian Bar Association (NBA) which asked the executive to release of the detained court justices.

femi-falana-speaks
Human rights activist, Mr Femi Falana

Human rights activist, Mr Femi Falana, however, blamed legal practitioners for the harassment of judges.

The agency subsequently released all the judges on self-recognition one day after their arrest but they are to report at the agency’s office when requested to, as the investigation and preparation to charge them to court continue.

The judges are accused of misconduct, corruption and had been under investigation by the DSS.

Lawyers Responsible For Rot In Judiciary – Itsey Sagay

Itsey Sagay, JudiciaryLawyers, especially the senior ones are responsible for the rot in the judicial system. That is the view of a professor of law, Itsey Sagay.

In an exclusive interview with Channels Television, Professor Sagay said that the senior lawyers corrupted the judges and are largely responsible for the corruption in the system.

He condemned the reaction of the Nigerian Bar Association (NBA), saying the body lacked the moral premise to criticize the activities of the DSS which he said is lawful.

On whether the National Judicial Council has the capabilities to deal with the corruption in the bench, the law professor said that the NJC lacks the capacity because it is an emergency situation which demands unusual approach.

Judges Arrest: I Have No Objection To DSS’ Action – Abu Hamisu

Dr. Abu Hamisu, As reactions continue to trail the arrest of some judges over the weekend, a lecturer at the University of Abuja, Dr. Abu Hamisu, says he has no objection with the involvement of the Department of State Services (DSS) in the arrest.

The lecturer at the Political Science Department is of the opinion that if the government feels the DSS could play a crucial role in its anti-corruption campaign, there is nothing wrong with it.

“We’ve been advocating for collaboration and synergy building in such a way that all the security agencies can tap into the professionalism of one another depending on the case they want to prosecute.

“If (the) EFCC, ICPC and the government of the day feel that the DSS can be really decisive in the fight against corruption in this country, I have nothing against that,” the political scientist said.

Speaking on Tuesday on Sunrise Daily, Dr. Hamisu believes corruption is the cause of Nigeria’s underdeveloped stage, reiterating his stance on the DSS’ involvement.

“The most important thing is to ensure that corruption is really dealt with because the basis of our underdevelopment as a nation up to this very moment is corruption.

“For me, it’s something that has to do with those that are leading us and if they feel that they can give us result and DSS can play a role in this, I have no objection,” he insisted.

The academic warned that the future of the Nigerian child was at risk and called on stakeholders to tackle its menace headlong to ensure a brighter future.

“All we want is to ensure that we have a better future for our children.

“The future that we did not enjoy, the future that corruption denied us because some people were saddled with responsibilities that they abused and perverted,” he lamented.

Face-off With Wike

Dr. Hamisu’s remarks followed a face-off between the Governor of Rivers State, Nyesom Wike and some DSS officials who were on an assignment to arrest a Federal High Court judge in Port Harcourt.

Nyesom-Wike-Governor-of-Rivers-State
Governor Nyesom Wike prevented the arrest of a judge in Rivers State

On getting wind of the planned arrest, Governor Wike went to the residence of the judge with the aim of averting the arrest.

He stated that it would not be appropriate to arrest a judge at an odd hour when he has not been declared as a criminal, but invited to have a chat which they said was the motive of the arrest.

The arrest caught the attention of the Nigerian Bar Association (NBA) which asked the executive to release of the judge and some order court justices.

While a human rights activist, Mr Femi Falana, blames legal practitioners for harassment of judges, the DSS gave reasons for the arrest.

The DSS subsequently released all the judges on self-recognition.

However, they are to report at the agency’s office when requested to, as the investigation and preparation to charge them to court continue.

The judges are accused of misconduct corruption and had been under investigation by the DSS.

DSS Releases Arrested Judges

DSS, arrested judges,The Department of State Service, DSS has released all the judges arrested during a nationwide raid of their residents at the weekend.

The judges, according to DSS sources were released on self-recognition but are to report at the agency’s office when requested to, as the investigation and preparation to charge them to court continue.

The judges were accused of corruption and had been under investigation by the DSS.

A spokesman for the DSS, Abdullahi Garba, explained shortly after the raid on Saturday that the service embarked on raids of the Supreme, Appeal and High Courts judges’ residents based on allegations of corruption and other acts of professional misconduct.

According to him, “the Service action is in line with its core mandate, as we have been monitoring the expensive and luxurious lifestyle of some of the Judges as well as complaints from the concerned public over judgment obtained fraudulently and on the basis of amounts of money paid.

“The judges involved were invited, upon which due diligence was exhibited and their premises searched.

“The searches have uncovered huge raw cash of various denominations, local and foreign currencies, with real estate worth several millions of Naira and documents affirming unholy acts by these Judges”.

The DSS spokesman further explained that some of the judges had made useful statements while a few declined even with the glaring evidences that were found against them in terms of material cash, documents and property recovered pointing to their compromise.

“In one of the States where the Service operations were conducted, credible intelligence revealed that the Judge had Two Million United States Dollars ($2,000,000 USD) stashed in his house.

“When he was approached for due search to be conducted, he in concert with the State Governor, mobilised thugs against the Service team.

“The team restrained itself in the face of unbridled provocative activities by those brought in by the Governor.

“Unfortunately, the Judge and Governor also engaged the tacit support of a sister security agency.

“The Service surveillance team noticed that upon frustrating the operation, the Judge with the active support of the Governor craftily moved the money to an unknown location which the Service is currently making effort to unravel,” the statement read, remaining silent about who the governor was.

Face-off With Wike 

Meanwhile, the Rivers State Governor, Nyesom Wike, who was involved in a face-off with DSS officials during one of the operations in Port Harcourt, the Rivers State capital, has condemned the action by the Department of State Services (DSS).

The State Governor, Mr Nyesom Wike, on getting wind of the plan to arrest a Federal High Court judge in the state went to the residence of the judge with the aim of averting the arrest.

Narrating the situation to newsmen in the state, Governor Wike said: “It appeared to be an attempt to kidnap some people, so I told my security details to arrange security for us to move to the place.

“We got here 10 minutes after 1:00 am, and saw some security agencies, I asked what was  going on and the security official said they were detailed to arrest a judge.

“I said it is never heard that by 1:00am (after one), you are here to arrest a judge when you could as well invite the judge.

“If you cannot reach the judge whoever the judge is, invite the judge through the Chief Judge and obviously, the judge must have to respond to your invitation”.

The Governor stated that it will not be appropriate to arrest a judge at an odd hour when he has not been declared as a criminal but invited to have a chat which they said was the motive of the arrest.

DSS Did Not Disobey The Law On Judges’ Arrests – Jiti Ogunye

Jiti-Ogunye-Sunday-PoliticsLegal practitioner, Jiti Ogunye, sees nothing wrong in the manner in which the Department of State Service (DSS) executed its arrest of three Nigerian judges in the early hours of Saturday, October 8.

Speaking on Channels Television’s Sunday Politics, Mr Ogunye explained the execution of the warrant of arrest, and quoted Section 148 of the Administration of Criminal Justice Act, which states that a search warrant can be issued and executed at any time of the day including a Sunday or a public holiday.

He was reacting to the claim by constitutional lawyer, Mike Ozekhome, who had earlier on the programme, described the arrest of the judges as “most condemnable by any right thinking member of the society”.

Ozhekhome faulted the timing and manner of the arrest, claiming that the law does not allow for homes of suspects to be searched during the night or for doors to be broken in order to gain access.

Mr Ogunye berated Ozekhome for quoting an old law which, according to him, has since seized to be relevant. “People are not familiar with the law and those who should enlighten the public manipulate the law and they don’t disclose what the law has said.”

On the “gestapo” manner in which the arrest was done, he went further to read from Section 149 of the Act, where the law permits law enforcement agents to “break open any outer or inner door or window of any house or place of the suspect to be arrested” if access to such building cannot be obtained or is denied.

He argued that it has become impossible to deny that Nigeria has serious ethical issues in the judiciary, bordering on corruption.

In justifying the need to fight corruption, Mr Ogunye noted that corruption is the bane of the Nigerian society, “it has affected our development, stunted our growth and destroyed our country”.

Constitutional Mandate

Mr Ozekhome had also earlier argued that democracy only thrives on its adherence to the rule of law and the Nigerian government, by allowing the arrests, has gone against the values of democracy and the DSS has gone beyond its constitutional mandate.Mike-Ozekhome

“The DSS by our constitutional organogram has its own functions and these are to take care of the internal security of the country.

“Its counterpart the DIA, Directorate
of Intelligence Agency, is in charge of matters concerning military, while the NIA, Nigerian Intelligence Agency, is in charge of security matters that extend beyond the boundaries of Nigeria.

“The three legal entities that are allowed by our laws to go into corruption matters are the EFCC, the ICPC and the Nigerian Police, particularly under Section 4.

“So, their action is faulted fundamentally on the ground that they were going beyond their constitutional and statutory mandate,” he said.

Again, Mr Ogunye disagreed with Mr Ozekhome’s argument.

“This law was made during the military era and it has wide implications,” he argued, adding that the law also added that the DSS can be saddled with any issue the President feels affects the internal security of the country.

“The corruption of the judiciary that wants to destroy the third arm of government can be deemed, and in fact I will deem it, as something that is affecting the security of the country,” he said.