It is my singular pleasure to declare open the two (2) day Investigative Hearing of this distinguished Committee set up consequent upon the Resolution of the House to investigate the many incidents of invasion, search and arrest of Nigerian citizens by the State Security Service since 29th May, 2015.
The activities of the Directorate of State Security Service of late have raised concerns in the Nigerian polity as to the propriety of the conduct of officials of the service and whether their actions are consistent with the law setting it up. These are matters for the Committee to make appropriate findings of fact. It appears however that the main catalyst for this motion is the manner of the alleged invasion and search of the homes of Supreme Court Justices and other senior justices of superior Courts carried out by officials of the DSS, some of whom were said to be hooded, in the wee hours of the morning recently and the subsequent arrest and indeed prosecution of some of the Judges and Justices. The executive and legislative arms of some State governments have also been affected by these searches and arrests. These incidents have attracted solemn public interest and, therefore, become a matter of urgent national importance. This investigation is Parliament’s response to these wide spread concerns.
As we know, the State Security Service (SSS) is a creature of statute and the Constitution. Specifically, the National Security Agencies Act of 1986 which was incorporated into the 1979 and 1999 Constitutions of the Federal Republic of Nigeria stipulates the powers and mandate of the SSS. Section 3 of the Act states as follows:
“The State Security Service shall be charged with responsibility for-
(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.”
It seems that provisions of paragraph (C) above departs from the normal constitutional framework set up by Sections 4, 5, and 6 of the Constitution that instituted separation of powers of the three arms of government, as it apparently gives direct legislative powers to the President to enlarge the scope of responsibilities of the SSS relating to internal security within Nigeria. Section 6 of the Act goes further to empower the President to issue an Instrument, a subsidiary legislation, on the manner in which the SSS should exercise its powers.
In exercise of this power in Sections 3 and 6 of the National Security Agencies Act 1986, former Head of State, General Abdusalam Abubakar in 1999 promulgated the State Security Service Instrument One of 1999. By virtue of that Instrument, the responsibilities of the SSS was extended to include the prevention, detection and investigation of economic crimes of national security dimension, among other things. The National Security Agencies Act is specifically protected by Section 315(5) of the Constitution as it cannot be altered like ordinary Acts of the National Assembly. It has the same alteration procedure like the Constitution as laid down in Section 9 (2) thereof.
As a critical part of the Federal legislature responsible for making laws for the Federation, it is imperative that we periodically and in a detached and objective way inspired only by the national interest, re-examine our laws against the background of unfolding events to establish that they have indeed being complied with and where this is not the case, to navigate a course that rectifies the errors and forestalls against future errors. It is also very critical that any investigation of this nature must have a legislative purpose as required by S. 88 of the Constitution.
It is in this regard that I enjoin this Committee to make relevant findings of fact that will enable the National Assembly initiate the necessary amendments to the National Security Agencies Act and even the Constitution where necessary to ensure conformity with the constitutional design and framework that envisages that federal legislative power should be domiciled in the National Assembly and not shared with the Executive in the manner provided under the Act. It is untidy it seems, to have multiple agencies exercising similar functions. The EFCC already handles issues of corruption and economic crimes in Nigeria. Should the State Security Service also be charged with the same functions?
The foregoing are the reasons why as a House, we have selected some of the most illustrious and cerebral minds in our chamber to investigate this sensitive issue and report to the House in the knowledge that the recommendations that will emerge will in no small measure settle the concerns of our citizenry. I understand that the foundations have already been laid and that all concerned and affected persons and relevant agencies of government are being afforded a fair opportunity to be heard. That is as it should be for fair hearing is fundamental in any quasi judicial proceedings.
Once again, I thank you all for attending this very important Public Hearing as I request the Chairman and members of this esteemed Committee, to consult widely with relevant stakeholders and come up with a Report on the way forward that solves the identified problems. I wish you successful deliberations.
May God bless you all and bless the Federal Republic of Nigeria.
. Being remarks by the Speaker of the House of Representatives, Yakubu Dogara, at a two-day Investigative Hearing by the ad-hoc committee set up to investigate all cases of invasion of property and arrest of persons for reasons outside the general duties of the Department of State Services as prescribed by the National Security Agencies Act 1986 since May 29, 2015, on November 23, 2016.
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