The Department of State Services (DSS) is a critical institution in Nigeria’s security architecture, charged with the responsibility of intelligence gathering, counter-terrorism, and protecting the country from internal threats. However, the manner in which the DSS carries out arrests has, on numerous occasions, sparked controversy, particularly when due process is ignored. The recent arrest of Austin Okai’ at his residence in Abuja this morning raises fundamental questions about whether the DSS followed the legally established procedures for effecting an arrest. If these processes were not adhered to, then the agency’s actions can be considered unlawful and a violation of fundamental human rights.
The law provides clear guidelines on how an arrest should be carried out, regardless of the nature of the alleged offense or the status of the individual involved. First, except in cases where there is a clear and immediate national security threat, the DSS is required to obtain an arrest warrant from a competent court before effecting an arrest. This warrant serves as legal authorization and ensures that the arrest is based on valid allegations rather than arbitrary decisions. The warrant must specify the name of the suspect, the reason for the arrest, and the authority under which the arrest is to be conducted. If the DSS arrested Okai’ without such a warrant, they would have acted outside the law, making the arrest unlawful.
Beyond obtaining a warrant, the process of executing an arrest must be conducted in a manner that respects the dignity and rights of the individual. DSS operatives are expected to properly identify themselves and state the reason for the arrest before taking the suspect into custody. This ensures transparency and allows the suspect to understand the legal basis for their arrest. Any failure to provide this information amounts to a breach of the suspect’s rights and creates room for abuse of power. It also goes against the principles of fairness and justice that the legal system is built upon.
A key component of a lawful arrest is the right to legal representation. The Nigerian Constitution guarantees every citizen the right to consult a lawyer upon arrest. The DSS, despite being a security agency, is not exempt from this provision. If Okai’ was denied access to legal counsel upon his arrest, this would constitute a further violation of his rights. Security agencies must always remember that their duty is to uphold the law, not to trample on it.
Additionally, the method used in executing an arrest must align with legal and ethical standards. Security agencies, including the DSS, are not permitted to conduct arrests in a manner that involves excessive force, harassment, or intimidation, especially in cases where the suspect is not resisting arrest. Reports of security operatives breaking into private residences without proper authorization are not uncommon, and such actions amount to an invasion of privacy and an abuse of power. If the DSS forcefully entered Okai’s residence without a search warrant or a clear justification for such an action, then they not only violated his constitutional rights but also acted in a manner inconsistent with professional law enforcement practices.
Once a suspect has been taken into custody, the period of detention is another important factor in determining whether due process has been followed. Nigerian law states that a suspect must be charged to court within 48 hours of arrest, except under exceptional circumstances that justify an extended detention. In cases where the DSS holds an individual beyond this legally permissible timeframe without bringing them before a court, such detention becomes illegal and can be challenged as a violation of the suspect’s fundamental rights. If Okai’ is detained without being promptly charged, it would further reinforce concerns about abuse of power by the DSS.
The consequences of unlawful arrests are far-reaching. When security agencies ignore due process, they not only violate the rights of individuals but also undermine public trust in law enforcement. A society where citizens live in fear of arbitrary arrests is one that risks descending into lawlessness and authoritarianism. The DSS, as an institution responsible for national security, must ensure that its operations are guided by the law rather than personal or political interests.
Furthermore, unlawful arrests set a dangerous precedent that can be exploited for intimidation and oppression. If security agencies are allowed to operate without accountability, there is a risk that the machinery of state power will be used to silence dissent, suppress opposition, and target individuals without legitimate grounds. This contradicts the democratic principles that Nigeria upholds and creates a climate of fear among citizens.
It is crucial for the DSS to recognize that its legitimacy and effectiveness are tied to its adherence to the rule of law. A security agency that disregards legal procedures in carrying out arrests not only diminishes its credibility but also opens itself up to legal challenges and public condemnation. Any agency entrusted with such immense power must exercise it with caution, fairness, and respect for fundamental human rights.
If the DSS indeed failed to follow proper procedures in the arrest of Autine Okai’, then it must take immediate steps to correct this error. The suspect should either be promptly charged in accordance with the law or released if there are no justifiable grounds for his continued detention. Additionally, the DSS must commit to greater transparency and accountability in its operations, ensuring that future arrests are carried out in strict compliance with legal standards.
The law is the foundation of a just society, and no agency, regardless of its mandate, is above it. If the DSS hopes to maintain public trust and fulfill its duty of safeguarding national security, it must operate within the confines of due process. Anything less is a dangerous deviation that threatens the rights of individuals and the very fabric of democracy.
