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DSS and Accusations of Disobedience to Court Orders– Setting the Records Right

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By Peter N. Afunanya

Recently, the media is awash with various commentaries about DSS disobedience to Court Orders. These accusations, as wrong as they are, have peaked in the Emefiele saga. It may interest the public and indeed the avowed critics of the Service to note the following incidents and timelines to show that it has religiously obeyed Court orders in respect of the case and even others.

In 2022, the Service commenced the investigation of Mr Godwin Emefiele on suspicion of Terrorism Financing, Money Laundering among others and subsequently applied to the Federal High Court, Abuja for his arrest and detention. But the Chief Judge objected to the order and clearly stated that the Service did not need an order to investigate or arrest him. Emefiele was to later obtain a restraining order issued by Justice MA Hassan of the FCT High Court against the Service. Instructively, the DSS obeyed this Order and did not arrest or detain Emefiele.

However, on 9th June, 2023, Emefiele was suspended as CBN Governor by the President. Based on new information and suspected criminal infractions, the Service, as expected by law, arrested and detained him using a Magisterial Order. On 10th July, 2023, Justice Hamza Mu’azu of the FCT High Court, while recognising that the DSS had every legal right to arrest, detain and investigate Emefiele, ordered for his release or prosecution within seven days. The Service expeditiously and expressly complied with the order and charged him for illegal possession of firearms and ammunitions being one of the criminal suspicions. The Muazu Order had, by implication, extended Emefiele’s detention by seven days with effect from 10th July, 2023 when the initial detention order had expired.

Within the same period, Justice Bello Kawu of the same FCT High Court, while dismissing reliefs sought by Peter Abang, Counsel to Emefiele on 14th July, 2023 ordered for the release or prosecution of Emefiele within 48 hours. However, the Service had complied with the seven days ultimatum issued by Justice Muazu. In obedience to rule of law, Emefiele was arraigned before Justice Nicholas Oweibo of the Federal High Court, Ikoyi, Lagos, on 25th July, 2023 for illegal possession of arms and ammunition. The Service had long issued a press statement over the incident that happened at the Court between its staff and those of Nigerian Correctional Service (NCoS) and pledged to investigate it. Though the investigation is ongoing, the preliminary findings are quite shocking considering the ignoble roles played by some public officials.

As normal with criminal investigations, security agencies re-arrest suspects when there is adequate suspicion of commission of a crime or as may be revealed by an ongoing investigation. Emefiele was re-arrested on the basis of this. Even though the re-arrest was tainted by the overzealousness of personnel of the Service and NCoS, it was nonetheless legally procedural.
Later, the Service applied for an Exparte Order at the FCT High Court presided by Justice Edward Okpe (and not Justice Mu’azu as erroneously and massively reported in the media) to detain Emefiele for 14 days. Against the established rules regarding exparte applications, a lawyer suddenly appeared in the Court for Emefiele. While the Judge did not outrightly reject the DSS request, he struck out the motion upon its withdrawal by the Service counsel. But this is not without his guidance. Earlier, the Judge had drawn the attention of the Counsels to Section 293 of Administration of Criminal Justice Act (ACJA) which also recognises the Magistrate Court as a competent Court that can first be approached for an order for custody of a suspect under investigation. In other words, the Service, having taken the hint of the Court, took the right steps. What transpired at the Court was, thereafter, variously misrepresented by some mischief makers. Part of the disinformation is to the effect that the Court “struck out the application and stated that it was an abuse of judicial process”. That was not what the Court said. What Justice Okpe said was “the Applicant having withdrawn the application, same is hereby struck out”. That was all. The Court records are there. But purveyors of fake news distorted the message to suit their intent; just to make the Service look bad – a sort of giving the dog a bad name in order to hang it.

Many had gone to town with stories of DSS fragrant disobedience to Court Orders especially in view of the last episodes at the High Courts in Lagos and Abuja. With what played out at the Court on 27th July 2023 under Justice Okpe, the Service immediately applied and obtained a detention Order from a Magistrate Court. So, Emefiele is legally detained. For reasons that the Emefiele case is subjudice, the Service will restrain from making further comments on the subject matter.

For either lack of knowledge or deliberate act to ignore the truth, there has been sustained bashing of the Service and its leadership in the media and public spaces. It is ironical that the same people who condemn media trial are daily taking the Service through the same. The actual points are however, not lost on the Service. It is aware of the depth of the orchestrations and even deeper plot to incite the judiciary against it.

Targeting DSS DG, YM Bichi, for insidious media attacks is needless. Any DGSS, even if brought from heaven among the angels, will discharge the DSS mandate. There isn’t a time in our national sojourn for greatness that key organs of government will cease to exist or not needed. The DSS, like the CIA, FBI among others, is a major and positive instrument of State administration and management. It is essential for statecraft, governance, stability and public order. Scraping it as being canvassed by the uninformed is unreasonable. It is indeed obvious the DSS is misunderstood. It is obvious there is a mob action against the Service. Allow the DSS be. Allow Bichi, a fine gentleman officer, be. Support DSS. Support Nigeria. As in the national anthem, Arise, O Compatriots.

Some critics have made varied insinuations including abusing the Service, its leadership and completely distorting the significant historical role of the Service in nation building. Others have said it is wobbling and of no relevance. Laughable. The DSS is not tottering. It is standing and firmly too. Even the worst of its critics knows that the Service has played (and still plays) stabilising roles for the nation. Its loyalty and patriotism are incomparable. The Service is a stabilising force for the country’s democracy. Same for the indivisibility and indissolubility of Nigeria’s sovereignty. Only a collaborative support from stakeholders will strengthen this. The Service does not claim to know it all; a reason it allows for constructive criticism and makes out time to explain itself in line with transparency and democratic accountability.

Whether on Emefiele, Bawa or Kanu, the Service has obeyed judicial orders and handled the cases procedurally and in accordance with the rule of law. Critics are encouraged to be a bit more discerning and up their research capabilities. Doing so will reveal that the Service obeys orders. The Court of Appeal judgement on Kanu is recommended for detailed study. Maybe, we can decipher the difference between Discharged and Acquitted and what the use of either or both mean in the final order of a Judge. The DSS is an ardent respecter of the law. Anyone may argue this but it is true. It is in this regard that it has applied for either a stay or notice of appeal on some of the matters. One who does not obey the laws will not resort to legal procedures like the DSS has done.

Let those seeking justice not intimidate the Judges or derail law enforcement efforts. Judges deliver justice without fear or favour and should be allowed to discharge their duties honourably. For the umpteenth time, the Service reiterates its unequivocal stance on rule of law and respect for the judiciary. This position remains unchanging despite the futile attempts to paint it otherwise.

Peter N. Afunanya Ph.D, fsi, is the
Public Relations Officer, Department of State Services (DSS) National Headquarters
Abuja.

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STATEMENT ISSUED BY PROGRESSIVES ALLIANCE FOR JUSTICE, UNITY AND DEMOCRACY (PAJUD)

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THE FALLACIES OF MIKE IGINI

“It is mean and cowardly and an evidence of weakness and utter demerit, for any group of people to attempt to commend themselves to the public by the negative process of belittling and condemning others.”_

  • Chief Obafemi Awolowo, 28th April, 1951.

The attention of the Progressives Alliance for Justice, Unity and Democracy (PAJUD) has been drawn to the barrage of insults heaped by Mike Igini, former Resident Electoral Commissioner of the Independent National Electoral Commission (INEC), against every perceived and imaginary obstacle to his personal agenda.

We posit that since the return of democracy in 1999, the Nigerian political and electoral firmament has been overdosed with different genres of characters – the good, the bad and the ugly.

We state categorically and without fear of contradiction that President Bola Ahmed Tinubu is NOT responsible for the non-appointment of Mike Igini as either Chairman of INEC or National Commissioner since he left office in disgrace and engulfed in controversies in the South-South.

Igini must understand that such appointments are not done willy-nilly. They are based on several criteria. He has served two full terms as Resident Electoral Commissioner. For him to be nominated as National Commissioner, a vacancy must exist for his state. This is apart from the principle of rotation of the position among states in the geo-political zone.

Those who know President Bola Ahmed Tinubu closely know he is a leader who does not deliberately shut the door against competence and capacity. Anyone holding him in contempt on this matter is either being mischievous or acting out the script of the opposition, just like the present issue at stake.

It is unfortunate that Igini has allowed himself to be taken advantage of, dancing to the rhythm of anti-Tinubu and anti-Amupitan rogue agents.

We find it compelling to state unequivocally that Igini is blatantly scheming to discredit the present government and the Amupitan-led leadership of INEC in anticipation of reward by opposition elements and spent forces, if they ever win in the post-2027 general elections.

Over the years, we have watched the transformation of Igini from lawyer, to public affairs commentator, to agitator, until the PDP government appointed him Resident Electoral Commissioner.

We are amused at Igini’s feeble attempts at returning to public reckoning, using barefaced criticism, outright lies, mischief and fallacies against the Renewed Hope and reformative agenda as a springboard to relevance and prominence.

For an egocentric, self-seeking bigot and Mr. Know-All like Igini, he wants to remain relevant as a bride for any juicy INEC Election Management Committee headship or membership, which we know will never happen in this dispensation as a result of his antecedents while in office – an era marred by allegations of partisanship, disloyalty and endless controversies.

Your tenure as REC in Cross River State was characterised by mudslinging between you and a political party over unethical conduct unbecoming of an electoral officer. Similarly, your flexing of muscles and one-sided narratives during your tenure as REC of Akwa Ibom State is still very fresh in our memory. Till date, you are still spewing negative narratives against one of the politicians you fought in that state to high heavens.

Nigerians from all strata continue to wonder where the monies for the live telecast of Igini’s exit as Resident Electoral Commissioner of Akwa Ibom State originated from. In the history of INEC – from Dr. Ephraim Akpata, Alhaji Shehu Musa, Dr. Abel Guobadia, the much-vilified Prof. Maurice Iwu, Prof. Attahiru Jega reputed to be Igini’s benefactor, to Prof. Mahmood Yakubu – none of them had the temerity for such lavish display and grandeur during their exit. What was witnessed in the last days of Igini as REC in Akwa Ibom evokes serious questions about collective decency, decorum, moral rectitude and values.

Any argument in support of such an extravagant exit lacks integrity, for the simple reason that the pay slip of INEC Resident Electoral Commissioners and even National Commissioners is not a hidden document. It is known to the Nigerian public.

We believe that if we are sincere in this country, Igini should focus on more important non-partisan issues than chasing shadows. Igini should also address his own record, including the troubling episode of a Kenyan national engaged by INEC as a consultant some years ago, where the voter register fingerprints of Nigerians were allegedly compromised and handed to foreign interests. That despicable act is still fresh in our memory.

As overwhelming majority of Nigerians with voting rights are aware, there is an uncanny lust for power by desperate opposition politicians lurking on the horizon. They are deploying everything on earth just to grab power in 2027, and for no just cause but simply for selfish personal aggrandizement. They have recruited former staff, Directors, Resident Electoral Commissioners and National Commissioners to help execute their warped agenda and barefaced propaganda to deceive gullible Nigerians who will swallow every hook, line and sinker narrative framed by them.

We unreservedly agree with many who have suggested that as a believer in God, Igini should not allow his mind to be poisoned by the notion that any power outside the influence of God could have been responsible for the failure of his emergence as either National Commissioner or Chairman of the Commission.

Whatever it is, there seems to be more to it than meets the eye. The process of creating anarchy starts with incitement against the government, the electoral empire and security agencies. It often appears so smooth as to be imperceptible, hence those who engineer it enjoy the process at the initial stage, only to be consumed at the end of the day.

Elements in the class of Igini, who are acting out the script of falsehood purveyors and peddlers, will be put to shame at the end of the day. There is no doubt that Nigerians are going to have a well-deserved, credible, transparent, free and fair election in the 2027 general elections.

Above all, nobody can dispute the fact that President Bola Ahmed Tinubu nominated people with impeccable ability, capacity, loyalty, patriotism and honesty as members of the election management structure that will drive our democracy forward, in a manner that both Nigerians and the international community will be proud of like never before in our annals.

The focus of the Tinubu administration remains its much stronger determination to protect and respect the sanctity and fidelity of the ballot during the forthcoming elections.

We implore Mike Igini to stop the rabble-rousing, negative framing, mischief, mudslinging and casting of aspersions against the electoral umpire and Mr. President, and find something reasonable to do to earn a living just like other Nigerians, instead of going from one radio station to television stations across the country. His antics are already known to Nigerians who are far more sophisticated and politically savvy than before.

A word is enough for the wise… “WHEN YOU CONDEMN PEOPLE, YOU BRING JUDGEMENT ON YOURSELF.”

Signed:Comrade Yakubu Dan Abba
Country Representative, PAJUD.

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PAJUD Accuses Mike Igini of Political Grandstanding, Defends Tinubu, Amupitan

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The Progressives Alliance for Justice, Unity and Democracy (PAJUD) has accused former Independent National Electoral Commission (INEC) Resident Electoral Commissioner, Mike Igini, of attempting to discredit President Bola Tinubu’s administration and the leadership of the electoral body, describing his criticisms as politically motivated.

The group, in a statement signed by its Country Representative, Comrade Yakubu Dan Abba, alleged that Igini was seeking to regain public relevance through persistent criticism of the government and the leadership of INEC under its current chairman, Prof. Joash Amupitan.

PAJUD, however, did not provide independent evidence to substantiate its allegations about Igini’s motives.

The group maintained that Tinubu was not responsible for Igini’s non-appointment as INEC chairman or national commissioner after completing his tenure as a Resident Electoral Commissioner, arguing that such appointments were subject to established criteria, vacancies and rotation arrangements among states within geopolitical zones.

“Those who know President Bola Ahmed Tinubu closely know he is a leader who does not deliberately shut the door against competence and capacity,” the statement said.

The group further alleged that Igini’s criticisms were intended to undermine the current administration and INEC’s leadership in anticipation of political rewards from opposition elements following the 2027 general elections.

PAJUD also questioned Igini’s record during his service as Resident Electoral Commissioner in Cross River and Akwa Ibom states, citing past disagreements with political actors and what it described as controversies surrounding his conduct in office.

It also raised questions about the cost and circumstances of the live television broadcast of Igini’s exit from office in Akwa Ibom State, comparing the event with the departures of previous INEC chairmen and other senior electoral officials.

The group did not provide documentary evidence to establish wrongdoing in connection with the broadcast.

In another allegation, PAJUD called on Igini to address what it described as concerns surrounding the engagement of a Kenyan national as an INEC consultant and the alleged compromise of Nigerian voters’ fingerprint data. The statement, however, did not present evidence establishing that Igini was personally responsible for any compromise of the data.

The alliance accused opposition politicians of attempting to discredit the electoral system ahead of the 2027 elections, alleging that some former electoral officials were being used to advance political interests. It did not identify the individuals allegedly involved or provide evidence supporting the claim.

PAJUD, meanwhile, expressed confidence in the ability of the current INEC leadership to conduct credible, transparent, free and fair elections in 2027.

It said the Tinubu administration remained committed to protecting the integrity of the ballot, adding that the president had nominated individuals it described as capable, patriotic and committed to the country’s democratic development.

The group urged Igini to refrain from what it characterised as inflammatory criticism of the president and the electoral commission, insisting that public discourse on electoral reform should be guided by responsibility and respect for democratic institutions.

Quoting former Premier of the Western Region, Chief Obafemi Awolowo, the alliance recalled his statement of April 28, 1951, that it was “mean and cowardly” for any group to seek public approval by belittling and condemning others.

PAJUD concluded by urging Nigerians to remain confident in the electoral process ahead of the 2027 general elections, while reiterating its support for the Tinubu administration and the current leadership of INEC.

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FJF Backs NSCDC Probe into Niger Miners’ Deaths, Cautions Diaspora Group Against Protest

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The Freelance Journalist Federation (FJF) has expressed confidence in the committee investigating the reported deaths of 37 miners in Niger State, urging the public to allow the panel to conclude its assignment without undue pressure.

The federation’s position followed threats by the Nigeria Diaspora Organizations and Community for Human Rights (NDOCHR) to stage a protest at the headquarters of the Nigeria Security and Civil Defence Corps (NSCDC) in Abuja over alleged delays in releasing the investigation’s findings.

FJF in a statement issued on Friday and jointly signed by FJF conveners Ibrahim Ali, Jonathan Modi, Okpara Isaac and Christopher Abah, described the investigative process as transparent and thorough, insisting that sufficient time should be allowed for the committee to complete its work and establish the facts surrounding the incident.

The federation criticised the proposed demonstration, describing it as unnecessary and politically motivated, while warning against actions that could heighten tensions over an issue involving the loss of human lives.

It also commended the leadership of the NSCDC, the Minister of Interior and President Bola Ahmed Tinubu for what it described as their commitment to transparency, accountability and the rule of law.

According to the FJF, local civil society organisations monitoring the proceedings have expressed satisfaction with the panel’s conduct. However, the federation maintained that the investigation should be allowed to run its course before conclusions are drawn.

The group also rejected calls by the diaspora organisation for the immediate removal and prosecution of the NSCDC Commandant-General, Dr Ahmed Abubakar Audi, describing the demands as premature and inconsistent with the principle of fair hearing.
It argued that calls for sanctions before the conclusion of the investigation could undermine due process and prejudice public perception of the committee’s work.

The NDOCHR had also threatened to petition the International Criminal Court (ICC) in The Hague over the matter. In response, the FJF maintained that Nigeria’s domestic legal and investigative institutions should be allowed to address the allegations through established procedures.

The federation urged Nigerians in the diaspora to exercise restraint and avoid actions that could inflame political tensions or interfere with the ongoing investigation.

It urged members of the public to remain calm and await the committee’s official findings, stressing that a thorough investigation was necessary to establish the circumstances surrounding the reported deaths and determine any responsibility arising from the incident.
The committee’s final findings and any subsequent official actions are expected to be central to resolving the concerns surrounding the incident.

The statement further called on the Inspector-General of Police and other security agencies to take appropriate steps to maintain public order in the Federal Capital Territory.

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