It was indeed, a dark day for the rule of law in Nigeria; reminiscent of the Jackboots days of the military. Everything was wrong with the DSS Invasion of the Court because of the trial of suspended Central Bank Governor, Mr. Godwin Emefiele. The enactment of theatre of the absurd within the premises of the
It was indeed, a dark day for the rule of law in Nigeria; reminiscent of the Jackboots days of the military. Everything was wrong with the DSS Invasion of the Court because of the trial of suspended Central Bank Governor, Mr. Godwin Emefiele. The enactment of theatre of the absurd within the premises of the Federal High Court by men of the Department of Secret Service, who flagrantly disobeyed a Court order, even when the Court was still in session is appalling and disgraceful. Most of the DSS operatives were armed and covered their faces. They often dressed like this when the assignment is obfuscated.
In literary studies, theatre of the absurd, is a genre of drama popularized by Samuel Beckett and others, defined as drama that emphasizes the absurdity of human existence by employing disjointed, repetitions and meaningless dialogue, purposeless and confusing situations and plots that lack realistic or logical development.
The action of the DSS this Tuesday had several attributes of this form of drama. It was purposeless and lacked logical reasoning. It was a violation of the temple of justice and a threat to separation of powers under the rule of law and provocative. Law enforcement agencies are expected to respect human rights of Nigerians, not only Godwin Emefiele, in their engagement at all times. The DSS action could best be described a violation of constitutional order,
This is not the first time the DSS would violate the rule of law. It is a repetition of a similar thing that happened five years ago. Five years ago, the DSS misbehaved like they did on Tuesday, coincidentally it was on another Tuesday in August 2018. The security outfit, under Mr. Mamman Daura invaded the National Assembly complex, locked the gates of the legislative chambers against the lawmakers and laid siege on the complex. The DSS seems to forget that it is a part of the executive arm of government especially the presidency. The judiciary is another arm. The legislature is the third arm of the tripod on which a democratic government is built. There is separation of powers among all the arms.
Vice President Yemi Osibajo was then in charge as Acting President, when the DSS had that dismeanour. The Acting President acted promptly by dismissing the DG of the DSS, Mamman Daura, a nephew of his boss, President Buhari who was then on vacation in the UK. Mr Daura, as Director-General of State Security Service, (SSS), was immediately sacked and arrested on the orders of Acting President Yemi Osinbajo. His men had not even vacated the National Assembly premises when they heard news of the sack of their boss.
Nigerians responded with a national applause for the Vice President, an eudite Professor of Law, for displaying such courage and promptness in response to the recklessness and abuse of power of the DSS. The message was clear: the DSS cannot be law unto itself. It must subject itself to the rule of law by obeying Court orders and respecting other institutions of the state.
It was reported that when the siege began, the acting president quickly went to action and was able to gather preliminary information of what was going on, after which he invited some of the security chiefs concerned for a briefing, in his office. He was also able to confirm from his boss, the President, that he did not authorize the action.
“When Lawal Daura came into the meeting, the acting president asked him who cleared him to order operatives to lay siege on the National Assembly; and his response was ‘shocking’ He simply said it’s within his powers and that he is only answerable to the President and Commander-in-Chief who appointed him,” Prof Osibajo wasted no time.
He ordered his media aide, Laolu Akande, to immediately issue a statement announcing the sack of Mr Daura. The terse statement reads: “The Acting President, Prof. Yemi Osinbajo, SAN, has directed the termination of the appointment of the Director-General, Department of State Services, Lawal Musa Daura, with immediate effect.
“Mr Daura has been directed to hand over to the most senior officer of the State Security Service until further notice.”
It played out like a scene in a movie to Mamman Daura. “The acting president also asked the National Security Adviser to hand over the sacked DG to the police for further investigation. Mr. Daura had retired and was supposed to be enjoying his retirement when he was recalled on July 2, 2015 by President Muhammadu Buhari to head the organisation. Mr. Daura, 65, was born in Daura, Katsina State on August 5, 1953, retired from the SSS in 2013, having reached the statutory retirement age of 60.
The statement from Osibajo reads further, “Acting President Yemi Osinbajo, SAN, has described the unauthorised takeover of the National Assembly complex earlier today as a gross violation of constitutional order, rule of law and all acceptable notions of law and order. According to him, “the unlawful act which was done without the knowledge of the Presidency is condemnable and completely unacceptable.
“By this statement, Prof. Osinbajo is consequently assuring Nigerians that all persons within the law enforcement apparatus who participated in this travesty will be identified and subjected to appropriate disciplinary action.”
All eyes are now on President Bola Ahmed Tinubu for what would follow. It’s been twenty-four hours now and the presidency is yet to say a word on the ugly incident. How this matter is resolved would give an insight into what to expect from this government and the rule of law going forward. On this incident, Nigerians would like to know on whose orders on instructions did the operatives of the DSS desecrate the Court of justice, often described as the last hope of the common man. This is a test of courage for the Tinubu’s administration.
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