The Indigenous People of Biafra (IPOB) has said that the Department of State Services (DSS) has no law backing it setting up this they opined “renders illegal every document containing the name.”
The group, however, said all processes filed before Justice Binta Nyako by DSS are, by statute, “not binding because the name does not exist in law.”
IPOB spokespersons Emma Nmezu and Clifford Iroanya in a statement, held that Section 1 of CAP N74 L.F.N. 2004 states the establishment of National Security Agencies such as the Defence Intelligence Agency (DIA), the National Intelligence Agency (NIA) and State Security Services (SSS) and not DSS.
“It is obvious, going by the above provisions, that there is no law setting up the DSS, which renders every document containing the name illegal.”
The group also stated that by the law, setting up the DSS against its leader, Nnamdi Kanu, it does not have a case of treason and felony nor does it have the power of prosecution as Section-2(3) of CAP N74 L.F.N. 2004 states as follows: The State Security Service shall be charged with responsibility for the prevention and detection within Nigeria of any crime against the internal security of Nigeria; the protection and preservation of all non-military classified matters concerning the internal security of Nigeria; and such other responsibilities affecting internal security within Nigeria as the National Assembly or the President, as the case may be, may deem necessary.”
Nmezu and Iroanya noted that, by “protocol, the DSS is supposed to hand all suspects over to the police for prosecution because the police have the constitutional mandate for the prosecution of civilians.”
“Is the plaintiff not usurping the duties of the Police?: Section 4 of CAP P19 L.F.N. 2004 states that: 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.
“Subject to the provisions of sections 174 and 211 of the 1999 Constitution (as amended), (which relates to the power of the Attorney-General of the Federation and of a state to institute and undertake, take over and continue or discontinue criminal proceedings against any person before any court of law in Nigeria), any police officer may conduct in person all prosecutions before any court, whether or not the information or complaint is laid in his name.
“Again, it is evident from available court records that Buhari’s DSS has been conducting the prosecution of Mazi Nnamdi Kanu instead of the office of the Attorney General contrary to all known laws of Nigeria and common sense.
At the initial stages of the trial, from the Magistrate’s Court to the High Court, it was one certain Mr. Idakwo, a paid employee of DSS, that appeared in court on behalf of the prosecution.
“The very Justice John Tsoho allowed this travesty of justice to be recorded in his court. It wasn’t until Nnamdi Kanu’s defence lawyers raised an objection in an open court did this Mr. Idakwo stop sitting as a prosecutor,” the spokespersons alleged.