News

THE DSS OPERATES WITHIN ITS MANDATE

Published

2 years ago

June 20, 2023

By Peter Afunanya

Recently, about five major newspapers called out the DSS for bashing of sorts. The papers, which used their platforms to express varied views about the modus operandi of the Service include Vanguard, Daily Trust, The Sun, Tribune and Punch. While Vanguard’s piece on 2nd June 2023 was Dousing the DSS/EFCC Feud, Daily Trust, on 6th June 2023, published an editorial titled The DSS Must Conduct Its Duties as a Secret Service. The Sun, on 7th June, published The Needless DSS/EFCC Fracas while Tribune on 8th June 2023 wrote on The EFCC/DSS Confrontation. Similarly, on 14th June 2023, Punch featured DSS, Others Need Radical Reforms. It did not seem that the editorials which sought the reforms of the DSS or to criticise it for its public statements or actions on various subject matters of national security concern were, by any means, an accident a coincidence. It looked every inch planted or organised. It is a hatchet job or so it seemed. The judgement that the Service is excessively public or ubiquitous missed the point. The papers manifested predictable bias and patterns.

Relatedly, some respected legal personalities namely, Olisa Agbakoba SAN, Mike Ozekhome SAN and Femi Falana SAN opined that the Service operates outside its mandate especially with regards to the investigation of Godwin Emefiele. The fact that this matter has become sub-judice constrains the Service from making further statements about it. The celebration of the news of a court order to allow his Lawyers and family access to him is quite unnecessary. He was never denied access. Ever since he was taken into custody, his family has continually accessed him. Same with medical officials. The impression that the Service is going to act on the prompting of the Court is not correct. This is by the way.

Back to the subject under discourse. While it may be fair to admit that the news media and aforementioned personalities are entitled to their opinions, measured ignorance predominantly played out in their arguments. First, they failed to recognise that security threats are evolving and so do the approaches to managing them. Instructively, the security landscape in Nigeria, like many other countries, has become increasingly complex and dynamic. The periodic issuance of press statements to educate or carry citizens and residents along has undoubtedly become part of strategies to manage national security challenges. Extensive research would have revealed to the critics that the Central Intelligence Agency (CIA), Federal Bureau of Investigation (FBI) and other world intelligence Services deploy similar tactics including occasional statements and advisories. The CIA includes demographic information on its website to provide the public with valuable insights and data about various populations so to enhance understanding of different regions and communities. Does it mean CIA is operating outside its mandate? Or will that be accepted because it’s CIA, a foreign body?

The need for the agencies to be responsive, transparent and apprise taxpayers has become the global norm in national security and intelligence management. It is called security/intelligence accountability. The tenets of security and intelligence governance expect that agencies remain transparent, accountable and compliant to democracy. World over, Intelligence Services operate in ways and means not too discernable to the uninitiate. But the institutionalisation of democracy as preferred political culture has nonetheless forced such agencies to communicate often with the Public. You can see why the public statements can never be out of place. Without public consciousness and support, countering threats may remain a herculean task for security agencies. Democratic subordination and legislative oversight are basic principles which make it an obligation for these agencies to operate openly even when some of their activities are secret. Ask the USA, UK, France, Canada and other advanced democracies. This level of openness does not vitiate the expected secrecy or in any way compromise their operations.

Regarding the matter concerning the DSS and EFCC, both agencies have refuted claims of a rivalry. It is important to note that comparing the 30th May, 2023 incident at 15 Awolowo Road, Lagos to the barricade of National Assembly in 2018 is inaccurate and unjust due to the substantial differences in the nature and context of the two events. While it is essential to emphasize inter-agency relations and cooperation, it would be unfair to generalise and imply that the Service is in rivalry and power struggle with the Commission. Each agency operates within its distinct mandate and context.

Meanwhile, the editorials accurately alluded to the constitutionality of the DSS as an intelligence organisation in detecting, preventing and neutralising threats against Nigeria. They commended the Service for its commitment to the security of the country as well as the many feats it had accomplished in the course of discharging its duties. Thank you indeed. It has to be understood that the Service is not only an intelligence organisation. It is also a law enforcement agency. It is a security and policy advisory organ. Its establishment law expects it to prevent. To prevent unarguably means to enforce. Should the Service seek media endorsement or permission before deploying operatives and equipment to conduct its job? Should it rather play to the gallery? Characteristic of intelligence operating systems, DSS’ activities may never be completely explained or understood particularly to those who do not need to know.

Even though some of its high officials and operations are known and their veils of secrecy uncovered, there are thousand undercover personnel and actions that have no business going public. It is expected to remain so. With its broad mandate and legal authority to investigate crimes of national security significance, the DSS is well within its rights to initiate an inquiry into any relevant matter. The DSS is primarily charged to detect and prevent crimes and threats against the internal security of Nigeria. More profoundly, it is to undertake such other responsibility as maybe assigned to it by the President and Commander-in-Chief. Appreciating this role of the DSS is instructive for some sections of the media, lawyers and other interested parties. The Service operates on the basis of rule of law. Its operations are rule governed. As required, it obtains arrest and detention warrants when and if needed. For the fact that such instruments are not advertised does not suggest otherwise. Critics should get conversant with the law and rules of engagement and desist from misinforming, misleading or inciting the public. Those seeking to weaken the Service through premeditated reforms may be on a wild goose chase. Consistent attack on it based on ignorance, unrealised interests and emotional assessments and judgements does the country no good. The DSS has stood so firmly for Nigeria. It will continue to.

Considering the warped mentality that has triggered these writeups, it will, no doubt, be unsurprising to witness an upsurge in malicious articles, criticisms and baseless attacks in the public space following the investigations of Messrs Godwin Emefiele and Abdulrasheed Bawa among other flimsy matters. Certain groups and people are bound to come up with frivolous allegations against the Service and its leadership. These entities may also exploit unpatriotic members of the Service to spread falsehoods, propaganda and hate in order to project the Organisation in a bad light. Given their reach and war chest to mobilise forces against Government and its key officials, the adversaries may intend to cause distractions to the on-going investigations as directed by the C-in-C. However, the Service will not depose its professionalism for cheap backlash nor discharge its duty with prejudice or fear.

For those who canvass the opinion that the DSS has no business in investigating the matters referred to it are obviously not taking seriously the omnibus powers of the President, as enshrined in the enabling Acts of the SSS and the NSA. As argued by a onetime Director of the DSS, Fubara Duke, “When a law confers on the President power to delegate ANY assignments he deems fit for a particular Agency to perform, I wonder how it falls outside the purview of (ANY) the stipulations of the President’s powers and by extension why the DSS is being faulted for carrying out the President’s directive”. Continuing, he added: “I have heard arguments of cases being thrown out by the courts over questionable prosecutorial powers of the DSS regarding some categories of cases including criminal cases. Without prejudice to the wisdom of the court on such judgements, they should not override the lawful investigative authority of the DSS. Should there be need for prosecution in due course, these determinations would be appropriately evaluated and where/if necessary, appropriate prosecutorial agencies which may include the Attorney General’s Office or other sister agencies may be deployed to prosecute. It is not the first time this has happened”.

Let it be clear, however, that the DSS will remain unshaken and professional in carrying out its duties. It recommits to diligently operate, as always, within the confines of the law and to uphold the fundamental rights of all Nigerians. The media must, as the fifth estate of the realm, remain balanced, accurate, impartial and accountable. To sustain a deliberate misguidance of the public with any form of misconceptions is detrimental to nationhood. Therefore, to deepen the expected contributions, seeking veracity is not only ethical but obligatory. That should not be asking for too much.

By Dr. Peter Afunanya, fsi
Public Relations Officer
Department of State Services

News

The Most Shocking A/Court ‘Judgment’ in Nigerian History: An unfortunate precedent that should not be allowed to stand

Published

8 hours ago

November 30, 2025

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The last is yet to be heard of wide ranging ex-parte orders as this time around, the charade has moved to the Court of Appeal, Lagos Division. In the case of FBN Quest & Another vs. Nestoil & Others, the Court of Appeal’s ex parte orders are not only egregious but a chilling sign of judicial capture, smacking of dirty practices at best and corruption at worst.

On Thursday, 27th November 2025, at exactly 2:00pm, Justice Yargata Nimpar delivered a ‘ruling ’ that appeared like a thief in the night, a ghost and unscheduled, the said decision came upon a Motion Ex-parte which was not heard not argued in open court, yet it surfaced, fully written, signed, stamped, and delivered as though it had lived a full life on the Court of Appeal docket.

For many Nigerians, the judiciary has again weathered the storms. Veterans of the legal system describe this episode as “a daylight heist… a judicial armed robbery without guns.”

The controversies over wide ranging ex-parte applications, it would seem, has found its way to the Court of appeal, an intermediate court with limited original jurisdiction as donated to it by statute.

In this instance, barely two weeks ago, we reported the ex-parte orders against NESTOIL and the other defendants listed in the suit before the Federal High Court which led to the transfer of the suit to another judge.

The said interim orders were vacated by effluxion of time, being that ex-parte orders last for only 14 days.

The court however ordered parties to maintain status quo and adjourned the Motion on Notice for hearing by the consent of the parties. That Motion is still pending before the Federal High Court.

It would seem that in order to frustrate that pending Motion, the Plaintiffs somehow filed a similar application to the Court of Appeal which was granted an order ex-parte directing the Lower Court not to take any further steps, including determining the pending application filed by Plaintiffs (now Appellants).

This magically resurrected, fast-tracked application seem to have been rubber-stamped at the fictional “Appeal Bench of Shadows,” as insiders have begun calling it.

A CASE THAT NEVER EXISTED — YET RECEIVED A JUDGMENT

Our Judiciary correspondent gathered that when the court’s official list for the day was released, nothing seemed amiss. No controversial cases. No unexpected hearings.

But somewhere inside the dusty chambers of bureaucracy, a secret file was already being prepared and by 2pm, a judgment carrying the signatures of an entire appeal panel had surfaced — even though none of them had appeared in open court and when the case itself had never been argued before any High Court, making an appellate ruling legally impossible.

By evening, whispers had turned into rumblings. Court workers who handled the mysterious document reported unusual instructions: No public sitting; No mention on the court list; No access to case filings; No digital record and No audio recording of proceedings. Yet an order was made retrospectively to undo a completed act! which is yet another impossibility in law, because the exparte order cannot restore what has been already executed.

“It was like dealing with a ghost file,” one clerk said. “It appeared from nowhere and disappeared into official archives as though it had always existed.”

This judgment, once delivered, spread like wildfire, with legal scholars calling it “a constitutional impossibility.” Veterans said they had never seen anything similar since the 1970s.

Enquiries from our judiciary correspondents indicate that an application can only be hinged upon a valid Notice of Appeal against a decision of a lower court before any application can be entertained at the Court of Appeal.

Further Investigations by our judiciary correspondent reveals that no such Notice of Appeal has been filed nor served on the respondents; no parties have been invited to Settle Records and no Records of Appeal have been transmitted.

One wonders the platform or upon which grounds the ex-parte order was made, observed one senior lawyer, especially as a similar pending application filed by the Appellants has been adjourned for Hearing by the Federal High Court.

Furthermore, the case at the trial court before Justice Osiagor has not been heard on its merits, which documents was placed before the appellate court and all applications before the judge has not been heard or is the court of appeal now a trial court.

A JUDICIARY AT A CROSSROADS

Public outrage rose quickly. Lawyers described the situation as “a hijacking of justice by shadowy interests.” Civil society groups demanded explanations.

A Judiciary where justice can be manufactured behind closed doors…a legal system where influence not merit, decides outcomes…and an institution tested by the weight of powerful external forces, et cetera should not be allowed to thrive.

AN ERA-DEFINING SCANDAL

This judgement will stand as one of the most dramatic challenges ever faced by Nigeria’s justice system. The shockwaves has rippled far beyond the courtroom — touching politics, business, security agencies, and public trust.

One thing is clear: This is the kind of judicial earthquake that rewrites history, shakes institutions, and forces a nation to confront the truths it fears the most. Our judicial correspondences were able to get an incline of the ex-parte orders made by the Court of Appeal as follows:

AN ORDER of interim restorative injunction reversing all steps taken by the Respondents and/or persons purporting to act on the instructions of the Respondents and which steps or actions were taken pursuant to the order of the Federal High Court coram Osiagor, J made on the 20th day of November 2025 pending the hearing and determination of the Appellants’ Motion on Notice filed on the 26th day of November 2025.
AN ORDER of interim injunction restraining the Respondents, their agents, servants, affiliates, and privies from interfering with and interrupting the Receiver/Manager in the performance of his duties pending the hearing and determination of the Appellants’ Motion on Notice filed on 26th November 2025.
AN ORDER staying further proceedings at the lower court pending the hearing and determination of the Appellants’ Motion on Notice filed on the 26th November 2025.

A SHOCKING DEPARTURE FROM JUDICIAL NORMS

Therefore, the Lagos Court of Appeal’s decision to grant ex parte orders in FBN Quest & Another vs. Nestoil & Others stunned the legal community as ex-parte rulings are meant for rare emergencies and hardly exercised by appellate courts. By acting without hearing both sides, while the matter was already before the Federal High Court, the Court of Appeal has undermined the principle of natural justice and distorted its own role.

NIGERIAN IMAGE AT RISK

At a time when Nigeria is striving to reposition its global reputation, this case sends the wrong message. It portrays the country as one where courts can be hijacked by private interests, where fairness is discarded, and where corruption lurks behind judicial robes. For investors and international partners, it reinforces damaging stereotypes of weak institutions and compromised justice.

AN URGENT CALL FOR INVESTIGATION

These orders are not just irregular — they are evidence of judicial capture. They must be investigated urgently. The Chief Justice of Nigeria, the National Judicial Council, the President of the Court of Appeal and the Nigerian Bar Association cannot remain silent. If appellate courts become arenas for ex-parte adventures, Nigeria’s justice system risks collapse under the weight of manipulation.

CLOSING NOTE

The Court of Appeal’s conduct in FBN Quest & Another vs. Nestoil & Others is more than a misstep, it is a warning sign of judicial capture. If Nigeria is serious about restoring its image and strengthening democracy, this case must be investigated, accountability enforced, and reforms implemented. Anything less would be an abdication of the judiciary’s sacred duty to uphold justice. We must not allow that to happen.
A very Senior lawyer emphasize that the exparte order of the court of appeal lagos division in Nestoil has the possibility of eroding administrative control of Heads of superior Court from assigning or re assigning matters within their respective courts. Furthermore both the President of the Court of Appeal and the Chief Justice of Nigeria may not have the authority to disband a panel and re- constitute another panel over any matter in their respective courts. This decision is a total anarchy to the judiciary and urgent steps must be taken to vacate the strange Court of appeal exparte order.

The conduct of the court of appeal justices is not excusable anywhere in the world and it’s indeed has brought the court of Appeal justices who constituted the panel to ridicule

News

Pius Akutah’s Alleged Fraud at Nigerian Shippers Council Uncovered

Published

2 days ago

November 28, 2025

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Investigations by Nigerian Concord Newspaper reveal that the Executive Secretary of the Nigerian Shippers Council, Mr. Pius Akutah, has allegedly misappropriated public funds for a lavish lifestyle.

According to our findings, within months of assuming office, Akutah allegedly purchased a bulletproof SUV valued at approximately N850 million. In addition, he is reported to have acquired over twenty exotic SUVs for use as a convoy.

Akutah is also said to have acquired multiple high-value properties, including three in Abuja’s Maitama and Asokoro districts worth over N2 billion, and two in Lagos’ Banana Island valued at N1.8 billion. These acquisitions appear far beyond the scope of his official salary and allowances.

Further investigation suggests that Akutah may be using public funds to support political ambitions, including allegedly grooming militants across 23 local government areas in Benue State for a potential 2027 gubernatorial bid.

Staff of the Shippers Council reportedly claim that Akutah frequently accesses the council’s treasury without proper authorization. Some insiders have indicated that a petition will soon be filed with the EFCC, ICPC, and the Presidency to report his alleged misconduct.