In a press statement released today, Deputy Director of
Public Relations for the Department of State Services,
Marilyn Ogar, reacted on behalf of the department to the
judgement of the Federal High Court given yesterday, which
ruled in favor of Mallam Nasir El-Rufai in a case against the
SSS. The case, which Rl-Rufai brought against the SSS
following his detainment last November during the Anambra
gubernatiorial election. Delivering judgment in Awka, Justice Ibrahim Bature Gafai
held that the SSS had no statutory powers under the
Constitution of the Federal Republic of Nigeria or under any
Nigerian law to have detained El Rufai without showing
cause to a court of competent jurisdiction. The court
therefore ordered the SSS to publish an apology in two
national dailies for the unlawful and unconstitutional
violation of his liberty.
The SSS was also ordered to pay El-Rufai N2 million in
damages for unlawfully detaining him last November during
the Anambra gubernatorial election.
In a statement today, Ogar asserted that some facts were
"overlooked", and stated that El-Rufai was not detained for
more than two hours, and that the detainment was urgent
and necessary.
"The Instrument setting up the Service and the 1999
Constitution of the Federal Republic of Nigeria as amended
gives the Service statutory powers to detain and investigate
any suspect for not more than 48 hours before recourse to
a Court of Law," Ogar said. "In this instance, the
complainant was not confined or 'detained' for more than
two hours. If we cannot intercept, detain and investigate,
then we would, with due respect, be operating like any
Ministry of the Federal Government."
Read the full statement below.
PRESS STATEMENT
The Department of State Services has reacted to the
judgment of the Federal High Court sitting in Awka asking
the Service to apologize and pay N2million to Mallam Nasir
el-Rufai saying that some facts may have been
inadvertently overlooked and will therefore appeal the
judgment.
"As a responsive Service, we hold the Judiciary and its
sanctity in high esteem, but when you disagree with certain
pronouncements of Court, you have the right to appeal and
in this case, we will appeal", Service spokesperson, Marilyn
Ogar said when asked to comment on the judgment.
"The Instrument setting up the Service and the 1999
Constitution of the Federal Republic of Nigeria as amended
gives the Service statutory powers to detain and investigate
any suspect for not more than 48 hours before recourse to
a Court of Law. In this instance, the complainant was not
confined or 'detained' for more than two hours. If we
cannot intercept, detain and investigate, then we would,
with due respect, be operating like any Ministry of the
Federal Government.
"It is also pertinent to clarify that the Service never imposed
a general restriction on movement during the elections as
averred. It is the duty of the Independent National Electoral
Commission (INEC), to take measures necessary for the
smooth conduct of any election, and in this case they
deemed it proper to restrict movement during voting hours",
she added.
Signed:
Marilyn OGAR, msi
Deputy Director, Public Relations
Department of State Services
30th September, 2014
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