The recent controversy between the Nigeria Police and the SSS in the investigation of the murder of Mr Oyerinde, the former principal private secretary of the Edo State Governor Adams Oshiomole, is unfortunate and uncalled for and has given rise to this write up.
The two sister organisations are creation of statutes whose duties and/or functions are clearly stated in the enabling laws establishing them. By way of historical recapitulation, before 1976 internal security in Nigeria was the sole responsibility of the “E” Department of the Nigeria Police Force. The “E” Department was also known as the Special Branch of the Nigeria Police Force.
But on the 24th day of March, 1976 the then Federal Military Government under General Olusegun Obasanjo promulgated Decree No.16 of 1976 establishing the Nigerian Security Organisation – the N.S.O – with responsibility for all aspects of security in Nigeria – within and without. With the advent of that decree the Nigeria Police Force was divested of all responsibility concerning internal security.
Then in 1986, the military government of General Ibrahim Babangida promulgated the National Security Agencies Decree No.19 of 1986. That decree scrapped or disbanded the former Nigerian Security Organisation- the NSO – and in its place created three separate security agencies each charged with responsibility for specific aspect of security. That decree is now known as the National Security Agencies Act Chapter N74 Laws of the Federation 2004.
Under this Act, there are three bodies or agencies charged with responsibility for various aspects of national security. They are as follows:-
• The Defence Intelligence Agency
• The National Intelligence Agency and
• The State Security Service (SSS)
See Section 1 of the Act.
Their functions are as follows:-
The Defence Intelligence Agency
a. The prevention and detection of crime of a military nature against the security of Nigeria.
b. The protection and preservation of all military classified matters concerning the security of Nigeria both within and outside Nigeria.
c. Such other responsibilities affecting defence intelligence of a military nature both within and outside Nigeria, as the President or the Chief of Defence Staff, as the case may be, may deem necessary. See Section 2 (1) of the Act.
The National Intelligence Agency
a. The general maintenance of security of Nigeria outside Nigeria, concerning matters that are not related to military issues, and
b. Such other responsibilities affecting national intelligence outside Nigeria as the National Defence Council or the President, as the case may be, may deem necessary. See Section 2(2) of the Act.
The State Security Service
a. The prevention and detection within Nigeria of any crime against the internal security of Nigeria.
b. The protection and preservation of all non-military classified matters concerning the internal security of Nigeria and
c. Such other responsibilities affecting internal security within Nigeria as the National Assembly or the President, as the case may be, may deem necessary. See Section 2(3) of the Act.
Of particular significance also is the provision of Sub-section (4) of Section 2 of the Act which states as follows:-
“(4)-The provisions of sub-section (1), (2) and (3) of this section shall have effect notwithstanding the provisions of any other law to the contrary, or any matter therein mentioned”
From the above Section 2(3) of the Act it is crystal clear that the main function of the SSS is the Internal Security of the country by intelligence gathering.
Although the National Security Agencies Act Cap N74 Laws of the Federation 2004 did not define the phrase “Internal Security”; the Blacks Law Dictionary 5th Edition at page 732 defined “Internal Security” as follows:
“Internal Security. That branch of law and government (e.g. CIA, FBI) dealing with measures to protect the country from subversive activities.”
The question that arises from the above definition of the phrase “Internal Security” is whether the offence of “murder” being investigated by both the SSS and the Police qualifies as “Subversive Activity.”
It is submitted with respect that going by the definition of the phrase “Subversive Activities” the common crime of the offence of “murder” does not qualify as one. See the definition of the term by the Blacks Law Dictionary 5th edition at page 1282 as follows:-
“Subversive Activities- acts directed toward the overthrow of the government including treason, sedition and sabotage”.
From the foregoing provisions of the National Security Agencies Act Cap N74 Laws of the Federation 2004 and from the Black Laws Dictionary definition of “Internal Security”, it is very clear that the functions of the SSS is solely targeted at internal security of Nigeria and not the investigation of common crime like murder, no matter how heinous the common crime may be. Under the Nigerian laws that function belongs to another statutory body – the Nigeria Police Force – as will be seenanon.
Section 214 (2) (b) of the 1999 Constitution as amended provides as follows:-
“214(2) (b) – the members of the Nigeria Police Force shall have such powers and duties as may be conferred upon them by law”
Alsoby virtue of Section 4 of the Police Act Cap P19 Laws of the Federation 2004 the general duties of the Police can be stated as follows:-
“Section (4) – The Police shall be employed for the prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly charged, and shall perform such military duties within or outside Nigeria as may be required of them by, or under the authority of, this or any other Act.”
It is submitted, with respect, that reading and construing Section 2(3) of the National Securities Agencies Act Cap N74 Laws of the Federation 2004 which stipulates the functions of the SSS and Section 214(2)(b) of the 1999 Constitution as amended and Section 4 of the Police Act Cap P19 Laws of the Federation 2004 which stated in eloquent terms the duties of the Nigeria Police Force, it is hugely doubtful whether such ordinary crime as “murder” or even “assassination” can be said to fall within the purview of the functions of the SSS.
It is submitted with respect and without fear of contradiction that the murder of Mr. OlaitanOyerinde the former principal private secretary (PPS) to the Edo State Governor, Adams Oshiomole cannot by any stretch of the imagination be said to amount to an act bordering on internal security. It is purely a simple case of “murder” which should be handled by the Nigeria Police Force on the authority of Section 4 of the Police Act which assigns to the police the duty of prevention and detection of crime. The SSS could be described in this matter as a meddlesome interloper!!
In the days of yore the SSS never struggled for recognition nor sought public attention neither were the officers seen parading suspects before klieg lights.
Secret agents worldwide, like officers and men of the SSS, are known to operate covertly and discretely shunning publicity, but operating incognito.
Under Section 2(3) of the National Security Agencies Act Cap N74 it is the responsibility of the SSS to feed the police and other sister services with the result of their covet operation for necessary action.
The SSS should allow the IGP and the Police to do their job andconcentrate on issues like the Boko Haram and other internal security challenges and not engage in murder investigation.
What Nigeriansexpect from the SSS and the Nigeria Police Force is absolute co-operation in the discharge of their duties, not unnecessary and unhealthy rivalry.
Each agency should confine itself to the duties assigned to it by the constitution andthe enabling laws.
God bless Nigeria!!
Dated the 7th day of September, 2012
The recent controversy be
tween the Nigeria Police and
the SSS in the investigation of the murder of Mr Oyerinde, the former principal private secretary of the Edo State Governor Adams Oshiomole, is unfortunate and uncalled for and has given rise to this write up.
The two sister organisations are creation of statutes whose duties and/or functions are clearly stated in the enabling laws establishing them. By way of historical recapitulation, before 1976 internal security in Nigeria was the sole responsibility of the “E” Department of the Nigeria Police Force. The “E” Department was also known as the Special Branch of the Nigeria Police Force.
But on the 24th day of March, 1976 the then Federal Military Government under General Olusegun Obasanjo promulgated Decree No.16 of 1976 establishing the Nigerian Security Organisation – the N.S.O – with responsibility for all aspects of security in Nigeria – within and without. With the advent of that decree the Nigeria Police Force was divested of all responsibility concerning internal security.
Then in 1986, the military government of General Ibrahim Babangida promulgated the National Security Agencies Decree No.19 of 1986. That decree scrapped or disbanded the former Nigerian Security Organisation- the NSO – and in its place created three separate security agencies each charged with responsibility for specific aspect of security. That decree is now known as the National Security Agencies Act Chapter N74 Laws of the Federation 2004.
Under this Act, there are three bodies or agencies charged with responsibility for various aspects of national security. They are as follows:-
• The Defence Intelligence Agency
• The National Intelligence Agency and
• The State Security Service (SSS)
See Section 1 of the Act.
Their functions are as follows:-
The Defence Intelligence Agency
a. The prevention and detection of crime of a military nature against the security of Nigeria.
b. The protection and preservation of all military classified matters concerning the security of Nigeria both within and outside Nigeria.
c. Such other responsibilities affecting defence intelligence of a military nature both within and outside Nigeria, as the President or the Chief of Defence Staff, as the case may be, may deem necessary. See Section 2 (1) of the Act.
The National Intelligence Agency
a. The general maintenance of security of Nigeria outside Nigeria, concerning matters that are not related to military issues, and
b. Such other responsibilities affecting national intelligence outside Nigeria as the National Defence Council or the President, as the case may be, may deem necessary. See Section 2(2) of the Act.
The State Security Service
a. The prevention and detection within Nigeria of any crime against the internal security of Nigeria.
b. The protection and preservation of all non-military classified matters concerning the internal security of Nigeria and
c. Such other responsibilities affecting internal security within Nigeria as the National Assembly or the President, as the case may be, may deem necessary. See Section 2(3) of the Act.
Of particular significance also is the provision of Sub-section (4) of Section 2 of the Act which states as follows:-
“(4)-The provisions of sub-section (1), (2) and (3) of this section shall have effect notwithstanding the provisions of any other law to the contrary, or any matter therein mentioned”
From the above Section 2(3) of the Act it is crystal clear that the main function of the SSS is the Internal Security of the country by intelligence gathering.
Although the National Security Agencies Act Cap N74 Laws of the Federation 2004 did not define the phrase “Internal Security”; the Blacks Law Dictionary 5th Edition at page 732 defined “Internal Security” as follows:
“Internal Security. That branch of law and government (e.g. CIA, FBI) dealing with measures to protect the country from subversive activities.”
The question that arises from the above definition of the phrase “Internal Security” is whether the offence of “murder” being investigated by both the SSS and the Police qualifies as “Subversive Activity.”
It is submitted with respect that going by the definition of the phrase “Subversive Activities” the common crime of the offence of “murder” does not qualify as one. See the definition of the term by the Blacks Law Dictionary 5th edition at page 1282 as follows:-
“Subversive Activities- acts directed toward the overthrow of the government including treason, sedition and sabotage”.
From the foregoing provisions of the National Security Agencies Act Cap N74 Laws of the Federation 2004 and from the Black Laws Dictionary definition of “Internal Security”, it is very clear that the functions of the SSS is solely targeted at internal security of Nigeria and not the investigation of common crime like murder, no matter how heinous the common crime may be. Under the Nigerian laws that function belongs to another statutory body – the Nigeria Police Force – as will be seenanon.
Section 214 (2) (b) of the 1999 Constitution as amended provides as follows:-
“214(2) (b) – the members of the Nigeria Police Force shall have such powers and duties as may be conferred upon them by law”
Alsoby virtue of Section 4 of the Police Act Cap P19 Laws of the Federation 2004 the general duties of the Police can be stated as follows:-
“Section (4) – The Police shall be employed for the prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly charged, and shall perform such military duties within or outside Nigeria as may be required of them by, or under the authority of, this or any other Act.”
It is submitted, with respect, that reading and construing Section 2(3) of the National Securities Agencies Act Cap N74 Laws of the Federation 2004 which stipulates the functions of the SSS and Section 214(2)(b) of the 1999 Constitution as amended and Section 4 of the Police Act Cap P19 Laws of the Federation 2004 which stated in eloquent terms the duties of the Nigeria Police Force, it is hugely doubtful whether such ordinary crime as “murder” or even “assassination” can be said to fall within the purview of the functions of the SSS.
It is submitted with respect and without fear of contradiction that the murder of Mr. OlaitanOyerinde the former principal private secretary (PPS) to the Edo State Governor, Adams Oshiomole cannot by any stretch of the imagination be said to amount to an act bordering on internal security. It is purely a simple case of “murder” which should be handled by the Nigeria Police Force on the authority of Section 4 of the Police Act which assigns to the police the duty of prevention and detection of crime. The SSS could be described in this matter as a meddlesome interloper!!
In the days of yore the SSS never struggled for recognition nor sought public attention neither were the officers seen parading suspects before klieg lights.
Secret agents worldwide, like officers and men of the SSS, are known to operate covertly and discretely shunning publicity, but operating incognito.
Under Section 2(3) of the National Security Agencies Act Cap N74 it is the responsibility of the SSS to feed the police and other sister services with the result of their covet operation for necessary action.
The SSS should allow the IGP and the Police to do their job andconcentrate on issues like the Boko Haram and other internal security challenges and not engage in murder investigation.
What Nigeriansexpect from the SSS and the Nigeria Police Force is absolute co-operation in the discharge of their duties, not unnecessary and unhealthy rivalry.
Each agency should confine itself to the duties assigned to it by the constitution andthe enabling laws.
God bless Nigeria!!
Dated the 7th day of September, 2012
