Renowned Senior Advocate of Nigeria (SAN), J.S. Okutepa, has raised a red flag about the Department of State Security Service (DSS) potentially exceeding its designated responsibilities.
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In a recent article titled “THE CONSTITUTIONALITY OF DSS PERFORMING THE DUTIES OF POLICE,” Okutepa SAN delves into the emerging trend of the DSS’s involvement in activities that traditionally fall within the purview of the Nigeria Police.
The distinguished lawyer’s article delves into the extent of the DSS’s involvement in criminal cases, a role primarily assigned to the Nigeria Police under the Police Act. Okutepa SAN expresses his concerns about this shift, questioning the legality and appropriateness of the DSS’s expanding role.
Okutepa SAN highlights the DSS’s apparent foray into areas beyond its mandate, suggesting that it is taking on roles that were not intended for it. He emphasizes the agency’s core responsibilities, which involve intelligence gathering for national security, the safeguarding of the State, its officials, citizens, critical assets, and domestic resources.
According to Okutepa SAN, this surge in the DSS’s activities raises critical questions about its independence, purpose, and potential political bias. He wonders whether the agency is functioning as an independent entity or if it is being leveraged for political interests.
The article further explores the constitutional foundation of the DSS and its relationship with the police. Okutepa SAN invokes Section 214(1) of the 1999 Constitution, which expressly establishes the Nigeria Police Force as the sole police entity in the country. He argues that the Constitution does not grant the DSS equivalent powers to those of the police.
The learned silk asserts that the DSS’s actions, including performing duties akin to those of the police, are not supported by its constitutional mandate. He references the Nigeria Police Act 2020, enacted by the National Assembly, which explicitly outlines the duties and responsibilities of the police, distinct from those of the DSS.
Okutepa SAN highlights the potential conflict between the DSS’s recent actions and the Constitution’s provisions, particularly Section 214(1). He raises questions about the legitimacy of the DSS’s actions and urges a closer examination of whether these activities align with its designated functions.
In conclusion, Okutepa SAN underscores the need to scrutinize the DSS’s expanding role and its potential infringement on police duties. He asserts that this issue requires thorough examination to determine whether the DSS’s actions are both lawful and constitutional, ultimately calling for transparency and adherence to the law.
As legal practitioners, and policymakers assess this situation, Okutepa SAN’s article sparks essential conversations about the boundaries, independence, and responsibilities of key law enforcement agencies within the context of Nigeria’s legal framework.
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