What Femi Falana Told DSS After It Summoned IBB's Spokesman Over Buhari Statement

Posted by Odinaka on Fri 09th Feb, 2018 - tori.ng

A senior advocate of Nigeria, Femi Falana, says the Department of State Services lacks the power to summon Kassim Afegbua, spokesman of ex-President Ibrahim Banangida.

Femi Falana (SAN)

In a statement released in Lagos on Friday, human rights lawyer, Femi Falana, has reacted to the DSS summon of Kassim Afegbua, spokesman of former military President, Ibrahim Banangida, saying that the Department of State Services (DSS) lacks the power.

The secret police had earlier invited Afegbua to its headquarters in Abuja after he was declared wanted over a statement directed to President Buhari, which was authorized by IBB.

While condemning the action of the DSS, Falana said Afegbua did not commit any offence. Here's his statement in full below;

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"Upon realizing that Mr. Kassim Afegbua did not commit any offense known to law over the issuance of a press statement on behalf of the ex-military dictator, General Babangida the Inspector-General of Police, Mr. Idris Ibrahim rightly decided not to press charges against the "suspect". Thus, the decision of the Police Force ended the needless harassment of Mr. Afegbua by apologizing during his visit to the police headquarters.

But apparently dissatisfied with the handling of the matter by the Police the Director-General of the State Security Service, Mr. Lawal Musa Daura was reported to have summoned Mr. Afegbua to his office for interrogation over the same controversial press statement.

The Police had claimed that Mr. Afegbua had defamed General Babangida. If the retired General was defamed in the publication he has the liberty to seek redress in a high court. But the State Security Service has no power to convert the alleged civil wrong of defamation to a criminal offense to warrant the harassment of Mr. Afegbua.

Since the alleged denial of the press statement by General Babangida has not caused any threat to the internal security of the country the invitation by the State Security Service constitutes a gross abuse of powers. In the case of the Director of State Security Service & Anor. v Olisa Agbakoba (1999) 3 NWLR (Pt 595) 314 the Supreme Court held that the power of the State Security Service is strictly limited to the prevention and detention of any crime against the internal security of Nigeria as stipulated by section 2 of the National Security Agencies Act. Mr. Daura should, therefore, be restrained by President Buhari from subjecting Mr. Afegbua to any form of interrogation and thereby violating his fundamental rights to personal liberty and fair hearing guaranteed by the Constitution."