By Ayodele Oni
Legal luminary and Founder of Afe Babalola University, (ABUAD) Chief Afe Babalola, SAN, has said that under Nigeria’s extant law, the Department of State Services, (DSS) is not a law enforcement agency.
Reacting in a statement in Ado Ekiti on Monday to the invasion of the private residence of the Yoruba Activist, Chief Sunday Adeyemo, aka Igboho, Babalola maintained that it was purely the sole responsibility of the Police to carry out such raid.
According to him, “Given the narrow statutory functions of the DSS, it is highly debatable whether it is even a law enforcement agency within the contemplation of the Administration of Criminal Justice Act.
“Without prejudice to the fact that I do not endorse agitation for the breakup of Nigeria, the fact remains that Sunday Igboho is a citizen of Nigeria and, therefore, enjoys certain fundamental rights enshrined in our constitution.
“Clearly, the powers of DSS as stipulated by the extant laws do not encompass any power of investigating the stockpile of arms, as stated in its public report following the raid.
“Clearly, the invasion of Sunday Igboho’s residence was not in collaboration with the Police or with the knowledge of the Oyo State Governor, Mr Seyi Makinde, who, by the provision of Section 176(2) of the 1999 Constitution, is the Chief Executive of Oyo State, and by virtue of this constitutional provision, also doubles as the state’s Chief Security Officer.
“The invasion of the premises of Sunday Igboho is on the ground of public interest as the stifling of the right to expression can never be said to be in the public interest.
“Even if it is, such operation ought to have been carried out by the police statutorily saddled with the power of prevention and detection crimes, and the maintenance of public safety, law and order.
“The courts have, in the past, made it clear that the DSS lacks powers outside its statutory purview, state security matters.
“In Mufutau Balogun & Ors v. Attorney-General of the Federation (1994) 5 NWLR (Pt. 345) 442 at 456, the Court held thus: “…It must be observed first and foremost that the offences with which the defendants were charged had nothing to do remotely with State security matters while is it true that every citizen, as the said operatives, has a duty to assist in the arrest of offenders, it is the function of the police to investigate alleged offences (other than security matters) in accordance with the law before prosecution takes place if need be.
“The police Act, in particular sections 3-11 are relevant. I find it necessary to refer to section 9 of the Criminal Procedure Act… in the present case, the said N.S.O. operative had no basis upon which they deprived the police of their constitutional right to immediately take over the case and take necessary statement from the defendants in their own office…”
“Certainly, more has to be done concerning the effective administration of the Nigerian criminal justice system. The DSS has no place meddling in the affairs of apprehending perceived offenders, particularly where state security is not being jeopardised.
“Doubtless, the menace of banditry and terrorism by the Boko Haram sect constitutes a greater threat to national security, and is more deserving of the attention of the DSS and other security agencies.
“Our security operatives ought to be held to a higher standard in derogating from the sacrosanct fundamental rights of Nigerians enshrined in the 1999 Constitution and in the African Charter on Human and Peoples Rights.”
 Chief Afe Babalola, SAN, has said that under Nigeria's extant law, the Department of State Services, (DSS) is not a law enforcement agency.){kind=link}