Lawlessness: Other times, the Nigerian Department of State Services engaged in a show of shame

On Tuesday, there was a troubling incident at the Federal High Court in Lagos involving the Department of State Service (DSS) and the Nigerian Correctional Service (NCoS).

The dispute arose when DSS operatives clashed with prison officials over the custody of Godwin Emefiele, the suspended Governor of the Central Bank of Nigeria.

Emefiele was in court facing charges related to illegally possessing firearms and ammunition, which he denied.

After Emefiele pleaded not guilty, the vacation judge, Justice Nicholas Oweibo, granted him bail for N20 million with one surety. However, he was to remain in NCoS custody until the bail conditions were met.

Disregarding the judge’s ruling, the DSS operatives acted unlawfully and engaged in a physical altercation with NCoS officials who tried to take Emefiele into their custody.

This isn’t the first time the DSS has shown disrespect for court rulings or engaged in such regrettable behavior. There have been four other instances in the past where the DSS exhibited a similar show of shame.

DSS Invaded ex-NSA home

First, the Department of State Service (DSS) invaded the home of Col. Sambo Dasuki (retd.), who was the former National Security Adviser under former President Goodluck Jonathan Thursday, November 5, 2015. Earlier, a court had granted Dasuki’s request to travel abroad for medical reasons and ordered the release of his travel document. However, just two days after the court ruling, DSS operatives surrounded Dasuki’s residence in Asokoro, restricting his movement and effectively putting him under house arrest.

The siege on Dasuki’s home lasted for 25 days, during which he could not leave the premises. Finally, on December 1, 2015, he was rearrested by the DSS. This incident raised concerns about using security agencies to disregard court orders and infringe upon the rights of individuals, even in cases where the courts had ruled in their favour.

DSS storms into courthouse

Another one happened on December 6, 2019, at the Federal High Court in Abuja, Nigeria. The judge, Justice Ijeoma Ojukwu, was presiding over a case involving Omoyele Sowore, the publisher of Sahara Reporters. Suddenly, armed operatives from the Department of State Service (DSS) stormed the courtroom while the judge was still seated on the Bench. They had come to rearrest Sowore less than 24 hours after he was released from illegal custody.

The unexpected invasion caused chaos, and Justice Ojukwu and some lawyers in the courtroom quickly fled to safety. Sowore’s lawyer, Mr Femi Falana (SAN), later condemned the incident, describing it as a “horrendous, bizarre, and barbaric contempt of court” that had never been witnessed, even under the most brutal past dictators in Nigeria’s history.

This incident was widely criticized as a serious violation of the sanctity of the court and raised concerns about the actions of the DSS in undermining the rule of law and judicial independence. Such actions were highly unusual and sparked outrage among the legal community and human rights activists.

DSS surrounded the National Assembly

Again, on August 7, 2018, a troubling incident occurred at the National Assembly in Nigeria. Masked operatives from the Department of State Service (DSS) surrounded the gates of the National Assembly, preventing lawmakers from entering. This caused concern among some legislators, especially those from the opposition party, who feared that the ruling party members would forcibly reopen the premises and remove the Senate President, Bukola Saraki, and his deputy, Ike Ekweremadu.

The siege continued until the acting president at the time, Vice President Yemi Osinbajo, took decisive action and promptly fired the head of the DSS, Lawal Daura, to end the situation.

It was a significant and controversial event that raised questions about the conduct of the DSS and its involvement in political matters. The DSS head’s dismissal demonstrated the situation’s seriousness and the need to uphold democratic principles.

DSS blocks the EFCC office

Finally, on May 30, 2023, there was a concerning incident when the Department of State Service (DSS) took a show of force by storming the Economic and Financial Crimes Commission (EFCC) office in Ikoyi, Lagos. The DSS prevented the anti-graft officials from entering the building, displaying their perceived superiority over the EFCC, another Federal Government agency.

The issue revolved around a dispute over the ownership of the EFCC office’s building. Instead of resolving the matter peacefully, the DSS chose to use intimidation tactics to assert their position.

These incidents have raised serious concerns about the DSS’s commitment to the rule of law and respect for judicial decisions. Such actions only serve to erode public trust and confidence in the agency’s ability to uphold justice and maintain law and order. Our prayer is that these acts of shamelessness do not happen again.