Dogara wants harmonisation of security agencies functions

Speaker of the House of Representatives, Yakubu Dogara has called for the harmonization of the functions of all security agencies in the country to avoid duplication of duties by these agencies.
The Speaker spoke yesterday at a two-day investigative hearing by the ad-hoc committee set up to investigate all cases of invasion of property and arrest of persons for reasons outside the general duties of State Security Service (SSS) as prescribed by the national security agencies act 1986 since 29 may 2015.
According to the Speaker; “The activities of the Directorate of State Security Service of late have raised concerns in the Nigerian polity as to the propriety of the conduct of officials of the service and whether their actions are consistent with the law setting it up. These are matters for the Committee to make appropriate findings of fact. It appears however that the main catalyst for this motion is the manner of the alleged invasion and search of the homes of Supreme Court Justices and other senior justices of superior Courts carried out by officials of the DSS, some of whom were said to be hooded, in the wee hours of the morning recently and the subsequent arrest and indeed prosecution of some of the Judges and Justices. The executive and legislative arms of some State governments have also been affected by these searches and arrests.
Dogara noted that the incidents have attracted solemn public interest and, therefore, has become a matter of urgent national importance and that the investigation is Parliament’s response to these wide spread concerns.
“As we know, the State Security Service (SSS) is a creature of statute and the Constitution. Specifically, the National Security Agencies Act of 1986 which was incorporated into the 1979 and 1999 Constitutions of the Federal Republic of Nigeria stipulates the powers and mandate of the SSS. Section 3 of the Act states as follows;
“The State Security Service shall be charged with responsibility for-
(a) the prevention and detection within Nigeria of any crime against the internal security of Nigeria;
(b) the protection and preservation of all non-military classified matters concerning the internal security of Nigeria; and
(c) such other responsibilities affecting internal security within Nigeria as the National Assembly or the President, as the case may be, may deem necessary.”
The Speaker noted that it seems that provisions of paragraph (C) above departs from the normal constitutional framework set up by Sections 4, 5, and 6 of the Constitution that instituted separation of powers of the three arms of government, as it apparently gives direct legislative powers to the President to enlarge the scope of responsibilities of the SSS relating to internal security within Nigeria. Section 6 of the Act goes further to empower the President to issue an Instrument, a subsidiary legislation, on the manner in which the SSS should exercise its powers.
“In exercise of this power in Sections 3 and 6 of the National Security Agencies Act 1986, former Head of State, General Abdusalam Abubakar in 1999 promulgated the State Security Service Instrument One of 1999. By virtue of that Instrument, the responsibilities of the SSS was extended to include the prevention, detection and investigation of economic crimes of national security dimension, among other things. The National Security Agencies Act is specifically protected by Section 315(5) of the Constitution as it cannot be altered like ordinary Acts of the National Assembly. It has the same alteration procedure like the Constitution as laid down in Section 9 (2) thereof” He said.
He recalled the need for the legislature to look into the matter as the law making organ of the three arms of government since it is imperative that they periodically and in a detached and objective way inspired only by the national interest, re-examine the laws against the background of unfolding events to establish that they have indeed being complied with and where this is not the case, to navigate a course that rectifies the errors and forestalls against future errors. “It is also very critical that any investigation of this nature must have a legislative purpose as required by S. 88 of the Constitution”.
He enjoined the Committee to make relevant findings of fact that will enable the National Assembly initiate the necessary amendments to the National Security Agencies Act and even the Constitution where necessary to ensure conformity with the constitutional design and framework that envisages that federal legislative power should be domiciled in the National Assembly and not shared with the Executive in the manner provided under the Act.
“The EFCC already handles issues of corruption and economic crimes in Nigeria. Should the State Security Service also be charged with the same functions? The Speaker asked rhetorically.