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Nigeria's Secret Police Lacks Power To Summon Babangida's Spokesperson, Afegbua - Falana

February 9, 2018

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.

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