The Department of State Services (DSS) has responded to the recent editorials published by some national dailies accusing it of excesses and overbearing on the holding and investigations of the suspended Central Bank of Nigeria Governor, Godwin Emefiele and the Economy and Financial Crimes Commission (EFCC) Chairman, Abdul Rasheed Bawa, replying that such critics and allegations are fraught with bias and misleading.
DSS in a rebuttal titled: “DSS operates within its Mandate” written Tuesday by its Public Relations Officer, Dr Peter Afunanya also replied some senior Lawyers who accused the agency of operating outside its constitutional mandate, noting that the recent Court order obtained by Emefiele directing access to his counsels and family members was nothing to celebrate about, as the outfit has never denied the suspended CBN boss any access.
On the editorials which Afunanya alleged it was organized and likely to be bankrolled by unnamed influential personalities for personal gains, also fired while it may be fair to admit that the news media and the lawyers, including Olisa Agbakoba, Mike Ozhekeme and Femi Falana, SANs are entitled to their opinions, yet, said measured ignorance predominantly played out in their arguments.
He argued that the editorials 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, adding that 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” Afunanya justified.
With respect to DSS and EFCC, both agencies, he declared have refuted claims of a rivalry, refuting that 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.
He noted: “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.”
DSS Spokesman indicated that the editorials accurately alluded to the constitutionality of the DSS as an intelligence organisation in detecting, preventing and neutralising threats against Nigeria, adding that commending 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 is commendable.
Still, Afunanya countered that it should be 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” Afunanya maintained.
The rebuttal reads in part: “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”.
Despite the attacks and critics, Afunanya vowed that the DSS would remain “unshaken and professional” in carrying out its duties, adding that It recommits to diligently operate, as always, within the confines of the law and to uphold the fundamental rights of all Nigerians.
He reiterates: “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.”