The Nation Newspaper

Tag: Department of State Service (DSS)

  • DSS refuses to produce Suswam in trial by EFCC

    DSS refuses to produce Suswam in trial by EFCC

    The failure by the Department of State Service (DSS) to produce former Benue State governor, Gabriel Suswam stalled proceedings in his trial before a Federal High Court in Abuja Tuesday.

    Suswan and Omadachi Oklobia (who served as Finance Commissioner in Suwam’s government) are being triedby the Economic and Financial Crime Commission (EFCC) for allegedly diverting N3.1billion belonging to Benue State Government.

    They are, among others, accused of diverting proceeds of the sale of shares owned by the Benue Government and Benue Investment and Property Company Limited, for their personal uses.

    The case was fixed for Tuesday for the continuation of the prosecution’s case. But at the commencement of proceedings, prosecuting lawyer, Oluwaleke Atolagbe drew the court’s attention to Suwam’s absence in court.

    He noted that Suswam was on bail and wondered why he was absent, but said his (Suswam’s) lawyer should be allowed to explain his absence.

    Suswam’s lawyer, Joseph Daudu (SAN) said his client’s absence was not out of disrespect to the court, but to no fault of his.

    Daudu said Suswam was invited by the DSS on February 24 this year. And that since then, he has been kept in detention without charge.

    He said no effort has been made by the DSS to take him (Suswam) to court in respect of whatever allegation they may have against him.

    Daudu said: “The 1st defendant (Suswam) is being prosecuted by the Federal Government of Nigeria (FGN) in this case. The last place he was seen is in the custody of an agency of the FGN, the DSS.

    “So, if the prosecution is not aware, I am, by this statement from the Bar, making him to be aware, so that he can enquire why the 1st defendant is being kept by the DSS.

    “We do not know what has happened to him. We do not know why he is being kept. We want to say his absence is not out of his disrespect to this court. His absence is not wilful or deliberate,” Daudu said.

    Responding, Atolagbe said the agency prosecuting Suswam in this case was the EFCC, which is different from the DSS, which currently is holding him.

    Atolagbe added that “they are two different agencies entirely.” He however, agreed to Daudu’s observation that there was need for an adjournment in view of Suswam’s absence.

    Ruling, Justice Ahmed Mohammed noted that the case, being a criminal matter, could not proceed in the absence of the 1st defendant. He adjourned to May 9 for continuation of trial.

     

  • DSS refuses to produce Suswam in trial by EFCC

    DSS refuses to produce Suswam in trial by EFCC

    The failure by the Department of State Service (DSS) to produce former Benue State governor, Gabriel Suswam stalled proceedings in his trial before a Federal High Court in Abuja on Tuesday.
    Suswan and Omadachi Oklobia (who served as Finance Commissioner in Suwam’s government) are being tried by the Economic and Financial Crime Commission (EFCC) for allegedly diverting N3.1billion belonging to Benue State Government.
    They are, among others, accused of diverting proceeds of the sale of shares owned by the Benue Government and Benue Investment and Property Company Limited, for their personal uses.
    The case was fixed for Tuesday for the continuation of the prosecution’s case. But at the commencement of proceedings, prosecuting lawyer, Oluwaleke Atolagbe drew the court’s attention to Suwam’s absence in court.
    He noted that Suswam was on bail and wondered why he was absent, but said his (Suswam’s)  lawyer should be allowed to explain his absence.
    Suswam’s lawyer, Joseph Daudu (SAN) said his client’s absence was not out of disrespect to the court, but  to no fault of his.
    Daudu said Suswam was invited by the DSS on February 24 this year, and that since then, he has been kept in detention without charge.
    He said no effort has been made by the DSS to take him (Suswam) to court in respect of whatever allegation they may have against him.
    Daudu said: “The 1st defendant (Suswam) is being prosecuted by the Federal Government of Nigeria (FGN) in this case. The last place he was seen is in the custody of an agency of the FGN, the DSS.
    “So, if the prosecution is not aware, I am, by this statement from the Bar, making him to be aware, so that he can enquire why the 1st defendant is being kept by the DSS.
    “We do not know what has happened to him. We do not know why he is being kept. We want to say his absence is not out of his disrespect to this court. His absence is not wilful or deliberate,” Daudu said.
    Responding, Atolagbe said the agency prosecuting Suswam in this case was the EFCC, which is different from the DSS, which currently is holding him.
    Atolagbe added that “they are two different agencies entirely.” He however, agreed to Daudu’s observation that there was need for an adjournment in view of Suswam’s absence.
    Ruling, Justice Ahmed Mohammed noted that the case, being a criminal matter, could not proceed in the absence of the 1st defendant. He adjourned to May 9 for continuation of trial.
  • Buhari, AGF to court: Dismiss suit challenging arrest of judges

    Buhari, AGF to court: Dismiss suit challenging arrest of judges

    President Muhamadu Buhari, the Director General, Department of State Service (DSS), Lawal Daura and others have faulted a suit challenging the recent arrest of some judges by the DSS.

    The suit by a lawyer, Olukayode Ogungbeje, seeks to among others to restrain the Federal Government from taking further steps in connection with corruption allegations raised against the judges.

    Other defendants in the suit marked: FHC/ABJ/CS/809/16 are the Attorney General of the Federation (AGF), the Inspector General of Police (IGP) and the National Judicial Institute (NJC)

    In their notices of preliminary objection and counter affidavits to the suit, the defendants queried the competence of the suit and prayed the court to dismiss it for lacking in merit.

    Of the six defendants, the IGP and the NJC have not reacted to the case.

    In a joint preliminary objection by President Buhari and the AGF, filed by their lawyer, Chiesonu Okpoko, they argued that the plaintiff, who claimed to have filed the suit on behalf of the affected judges, lacked locus standi (legal right) to approach the court.

    They argued that there was no dispute between the plaintiff and the defendants to warrant his filing the suit.

    The President and the AGF added that “the applicant’s suit as constituted and conceived is a mere academic exercise and raises hypothetical issues”.

    They also argued that before the plaintiff could invoke the judicial powers of the court as enshrined in section 6(6) (b) of the 1999 constitution, he must show how his civil rights and obligations were affected or would be affected by the act complained of.

    In the notice of objection, the DSS and its DG asked the court to strike out suit for lack of jurisdiction.

    They argued that, “the applicant in this matter has no locus standi to institute this suit; and

    “That this court lacks jurisdiction to hear and determine this matter as the applicant in this suit lacks the legal capacity to institute the matter.”

    It a counter-affidavit filed with their objection, the DSS and its DG argued that should the court proceed to restrain then from further taking steps against the arrested judges, it would be tantamount to preventing the agency from performing its statutory duties.

    The counter-affidavit deposed to by a litigation officer at DSS, S. Azer, stated in part, “That granting this application is tantamount to preventing the respondents in this matter from exercising their statutory responsibilities.”

    Justice Gabriel Kolawole of the Federal High Court, Abuja has adjourned hearing of all applications and the substantive suit to December 14.

  • Judges’ arrest: Student body lauds DSS

    Judges’ arrest: Student body lauds DSS

    The National Association of Nigerian Post-graduate Students (NAN-POSTGRADs) has expressed support for the Department of State Service (DSS) in its fight against corruption and acts that could threaten internal security.

    Mr Kingsley Nwanze, the President of the association, expressed the support in a statement issued in Abuja on Tuesday.

    Nwanze expressed surprise at the reaction of the Nigerian Bar Association (NBA) and National Judicial Council (NJC) to the arrest of some judges by the DSS operatives.

    He described the arrest as a “positive action to rescue the nation from judicial rascality’’.

    Nwanze noted that the organisations had not done the needful by disciplining those judges and refering them to necessary security agencies for prosecution.

    He said that if such action was taken, the “DSS would not have gone on a rescue mission’’.

    The president said that if the revelations in the service press statement were objects of fact, “then any right thinking person or organisation should rather appreciate the collective efforts of the DSS in ridding the judiciary of endemic corruption than vilification’’.

    “For us as an organisation, we cannot but give kudos to these positive actions aimed at making our judicial system the fair arbiter of good justice.

    “This has also shown that it is no longer business as usual, a situation where justice is no longer for the highest bidder rather than for those who deserve justice,’’ he said.

    Nwanze urged the DSS to sustain the tempo in the fight against corruption and not to be deterred by negative criticisms by interested parties.

    “It is also true that there are individual actions that can jeopardise the internal security of our dear nation, while the corrupt action of these judges has potent capacities to do so,’’ Nwanze said.

    He said that the association supported President Muhammadu Buhari in the actions that he had taken so far, to rid Nigeria of corruption, adding that they were in line with constitutional provisions.

    According to him, to rid a nation of corruption is in the interest of everybody irrespective of religion, ethnicity, profession and status.