Department of State Services (DSS)

* Where DSS failed

Below is the SSS establishment act with its inherent functions and powers. Does the agency have the powers to conduct the “sting operation” it conducted on the judges?

NATIONAL SECURITY AGENCIES ACT

ARRANGEMENT OF SECTIONS

SECTION

Establishment of National Security Agencies.
General duties of the National Security Agencies.
Principal officers of the Agencies.
Co-ordinator on National Security.
Establishment of advisory councils.
Instruments relating to the advisory councils, the structure, etc., of the Agencies.
Repeal.
Short title.

NATIONAL SECURITY AGENCIES ACT

An Act to disband the Nigerian Security Organisation and to create three security
agencies, charging each with the conduct of the relevant aspect of the national
security and other related matters.

[1986 No. 19.)

[5th June, 1986]

[Commencement.)

Establishment of National Security Agencies
There shall, for the effective conduct of national security, be established the following National Security Agencies, that is to say-

(a) the Defence Intelligence Agency;

(b) the National Intelligence Agency; and

(c) the State Security Service.

General duties of the National Security Agencies
(1) The Defence Intelligence Agency shall be charged with responsibility for-

(a) the prevention and detection of crime of a military nature against the security of Nigeria;

(b) the protection and preservation of all military classified matters concerning the security of Nigeria, both within and outside Nigeria;

(c) such other responsibilities affecting defence intelligence of a military nature,
both within and outside Nigeria, as the President, or the Chief of Defence Staff, as the case may be, may deem necessary.

(2) The National Intelligence Agency shall be charged with responsibility for-

(a) the general maintenance of the security of Nigeria outside Nigeria, concerning matters that are not related to military issues; and

(b) such other responsibilities affecting national intelligence outside Nigeria as the National Defence Council qor the President, as the case may be, may deem necessary.

(3) The State Security Service shall be charged with responsibility for-

(a) the prevention and detection within Nigeria of any crime against the internal security of Nigeria;

(b) the protection and preservation of all non-military classified matters concerning the internal security of Nigeria; and

(c) such other responsibilities affecting internal security within Nigeria as the National Assembly or the President, as the case may be, may deem necessary.

(4) The provisions of subsections (I), (2) and (3) of this section shall have effect
notwithstanding the provisions of any other law to the contrary, or any matter therein
mentioned.

(5) In this section, “classified matter” has the same meaning assigned thereto in
section 9 of the Official Secrets Act.

[Cap. 03.]

Principal officers of the Agencies
(I) There shall be appointed for each of the agencies, a principal officer, who shall be
known by such designation as the President may determine.

(2) The principal officers of the agencies shall in the discharge of their functions under this Act-

(a) in the case of the State Security Service and the National Intelligence Agency, be responsible directly to the President; and

(b) in the case of the Defence Intelligence Agency, be directly responsible to the Chief of Defence Staff.

Co-ordinator on National Security
(1) For the purpose of co-ordinating the intelligence activities of the National Security Agencies set up under section I of this Act, there shall be appointed by the President a Co-ordinator on National Security.

(2) The Co-ordinator on National Security shall be a principal staff officer in the office of the President.

(3) The Co-ordinator on National Security shall be charged with the duty of-

(a) advising the President on matters concerning the intelligence activities of the agencies;

(b) making recommendations in relation to the activities of the agencies to the President, as contingencies may warrant;

(c) correlating and evaluating intelligence reports relating to the national security and providing the appropriate dissemination of such intelligence within Government,
using existing facilities as the President may direct;

(d) determining the number and level of staff to be employed by each agency
established pursuant to section I of this Act and organising the transfer and
posting of staff, especially the transfer and posting of existing staff of the Nigerian
Security Organisation established pursuant to the Nigerian Security Organisation Act
1976, repealed by section 7 (1) of this Act;

(e) doing such other things in connection with the foregoing provisions of this section as the President may, from time to time, determine.

Establishment of advisory councils
(1) There shall, in the interest of national security, be established two advisory councils, that is to say-

(a) the National Defence Council;

(b) the National Security Council.

(2) The National Security Council shall be charged with responsibility for matters
relating-

(a) to public security; and

(b) generally to the structure, staff and other matters concerning the agencies set up under this Act.

(3) The National Defence Council shall advise the President on all matters concerning the defence of the sovereignty and territorial integrity of Nigeria.

Instruments relating to the advisory councils, the structure, etc., of the Agencies
The President may by an instrument under his hand make provisions with respect to the following matters, that is to say-
(a) the composition, membership and appointment to the advisory councils
established by section 5 (1) of this Act;

(b) the structure of each of the agencies set up under this Act (including the
designation and the appointment of the principal officers of the agency concerned)
and the manner in which each agency is to be administered;

(c) the manner in which the powers of each agency is to be exercised and the conferment on specified officers of the agencies, of the powers of a superior police officer; and

(d) such other matters concerning or incidental to any of the matters mentioned in this Act as the President may deem fit.

Repeal, etc.
(I) The Nigerian Security Organisation Act is hereby repealed.

(2) If any other law is inconsistent with the provisions of this Act, the provisions of
this Act shall prevail and that other law shall, to the extent of the inconsistency, be void.

8. Short title

This Act may be cited as the National Security Agencies Act.

SUBSIDIARY LEGISLATION

No Subsidiary Legislation

……………… * Where DSS failed

1) Search Warrants are executed between 6:00 AM and 6:00 PM except on weekends.
2) Search Warrants are valid only if issued by a court of competent jurisdiction.
3) Search Warrants obtained in one State of Nigeria cannot be executed in another State excepted it is endorsed by a Magistrate or Judge equal in rank to the one that issued the Warrant.
4) Only two or three agencies in Nigeria are charged with the investigation of corruption cases namely the EFCC, the ICPC and the Nigeria Police.
5) Politically Exposed Persons (PEPs) and VIPs who do not constitute a flight risk are usually invited to appear before investigation Agencies.
6) The National Judicial Commission (NJC) is the only body empowered to sanction Judges and Justices found wanting in the discharge of their duties.
7) A current Governor is the Chief Security Officer of his State.
8) A current Governor enjoys immunity in terms of prosecution and the inviolability of his person.
9) The Judges in question have issued unfavourable judgements against the arresting Agency in the past, thus casting aspersions on the motive for their arrest.

ISSUES FOR DETERMINATION
1) Did the arresting Agency actually procure an Arrest Warrant from a Court of competent jurisdiction?
2) Did the arresting Agency adhere to the rules governing the procurement and execution of a Search Warrant?
3) Did the arresting Agency exhaust the option of extending an invitation to the suspects before procuring the Arrest Warrant?
4) Did the arrested suspects at any time pose the risk of taking to flight?
5) Does the arresting Agency not have people at all the land, sea and air borders to prevent an escape of the suspects?
6) Did the arresting Agency at any time write a letter to the National Judicial Commission (NJC) highlighting the offences committed by the suspects and demanding their release for an interview?

Sting Operation.

In law enforcement, a sting operation is a deceptive operation designed to catch a person committing a crime. A typical sting will have a law enforcement officer or a cooperative member of the public play a role as a criminal partner or potential victim and go along with a suspect’s action to gather evidence of the suspect’s wrongdoing. Example, posing as someone who is seeking illegal drugs, contraband or child pornography to catch a supplier; or as a supplier to catch a customer. – Wikipedia.

DSS, how can you be executing a search warrant and call it a sting operation? You cannot commit an illegality and hide under the cover of sting operation. Yesterday’s invasion of the premises of judicial officers is not a sting operation.

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