NASS invasion: DSS and enemies of the State
In what can only be described as the most ill-conceived and poorly considered action by Nigerian security operatives, several well-armed masked men took over the National Assembly (NASS) last week. They prevented legislators from entering the complex to perform their legitimate duties and exercise their lawful mandate. The only explanation given by operatives of the […]
In what can only be described as the most ill-conceived and poorly considered action by Nigerian security operatives, several well-armed masked men took over the National Assembly (NASS) last week. They prevented legislators from entering the complex to perform their legitimate duties and exercise their lawful mandate. The only explanation given by operatives of the self-styled Department of State Services (DSS) for their illegal action was “orders from above”. All civilized legal and justice systems recognise a Citizen’s right to know why their freedom is being restricted. There is no offence in the penal code known as “orders from above” which lawfully abridges citizen’s rights.
In the wake of worldwide condemnation, Vice-President Osinbajo summarily dismissed the Director-General DSS Malam Daura. Osinbajo a Professor of Law, described the operation as a “gross violation of the constitutional order, rule of law and all accepted notions of law and order”. Having vowed to deal with those responsible, he must tread softly in apportioning blame. Those who physically carried out the operation are only guilty of following orders and should indeed be commended for restraint. House of Reps Member Hon Boma Goodhead who is being profiled in some quarters as a “heroine”, acted irresponsibly by daring them to shoot her. She wasn’t the only NASS member present and hadn’t been threatened or physically maltreated in any manner. She would have borne a large portion of the blame for the unimaginable consequences if she had been shot as a result of her grandstanding.
In true Nigerian tradition the general public will never know the murky details of what really transpired. There is little point expecting the truth from legislators because nowadays the only time a Nigerian politician can be guaranteed to be telling the truth is when he calls another politician a liar! However the very name DSS gives weight to allegations that the agency has become a law unto itself. The National Security Agencies Act of 1986 created the State Security Services (SSS), a more apt and meaningful name. The change to DSS is extra-Constitutional. The SSS wore suits, concentrated on gathering intelligence, and concentrated on enemies of the State. The DSS has developed into a para-military organisation with a reputation for ignoring the virtual collapse of security nationwide and pursuing perceived political enemies of the Executive arm of government whether they be in State Governments, the Legislature or the Judiciary.
No sustainable democracy can support one arm of government usurping, blackmailing, or arm twisting another. It’s not about Party Politics. It’s about good governance, fundamental freedoms, recognizing the limits of authority, discouraging the illegal use of coercive power of the State, and indeed the sustainability of 21st Century Nigerian democracy. It’s increasingly obvious that both Federal and State Chief Executives have scant regard for the separation of powers clearly supported by Sections 4, 5 and 6 of the Constitution of the Federal Republic of Nigeria. The legislature (created by Section 4) makes the laws which the Executive (created by Section 5) executes, and the Judiciary (created by Section 6) adjudicates upon. The legislature is therefore by order of precedence the bastion of democracy. It is they who formulate the laws which bring the Executive to office and outlines their powers, duties and responsibilities.
Hope no longer lies with the judiciary because the Executive has a well-earned reputation for serially disregarding legal restraints, and habitually refusing to pay judgment debts or obey Court orders. Even as top APC officials denied having a hand in the NASS fiasco, their National Chairman was contradicting them promising APC members that leadership positions in NASS would be recovered from opposition. A major problem for the ruling APC is the coarse and abrasive language of their National Chairman which isn’t helping matters. He habitually insults opponents, exhibits poor logic, and contradicts himself. Even though he isn’t a Senator he says the Senate President will be impeached. His illogical argument that the Senate Presidency is a “crown” which must be left in the APC Palace has no basis in law. He calls everyone who isn’t with him a thief and his assertion that the PDP ruined Akwa Ibom State in 16 years of governance is sheer hypocrisy. He himself celebrated the State’s two PDP Governors during those years (Attah and Akpabio) as highly prized members of the APC!
Under Oshiomhole’s watch regrettably the APC are exhibiting traits of a collapsing political party with mass defections. It’s also pertinent to note that in spite of our severe national problems, the President, the Judiciary and the Legislature were all on holiday when the NASS was invaded! With mass slaughter of innocent Nigerians citizens becoming a daily occurrence nationwide, it beggars belief that the most urgent security matter is the intimidation of political opponents and unarmed legislators rather than pursuit of marauding murderers. It solicits the question: “who are the real enemies of the State?”