NBA Ota Branch Slams SSS “Commando” Style Arrest In Court Premises

*Says SSS Arrest In Court Shows Institutional Knowledge Gap

The Ota Branch “Utter Bar” of the Nigerian Bar Association (NBA) has strongly condemned the “commando” style operations of the Directorate of State Security (DSS) in arresting suspects within the premises of a State High Court on Monday, May 13, 2024.

The association described the incident as an “unholy invasion of the sacred temple of justice” and a show of force that contradicts the principles of the Rule of Law.

According to a viral video circulating on social media, the security personnel conducted their operation within the court premises, disregarding the caution of a serving judge of the State High Court. The NBA Ota Branch noted that the official denial by the DSS does not represent the true state of affairs.

The association emphasized that the rampant resort to brute force by security agencies is not only antithetical to the Rule of Law but also a gross violation of the standard rules of engagement, as clearly enunciated by the Supreme Court of Nigeria in the case of MILITARY GOVERNOR, LAGOS STATE V. EMEKA OJUKWU [2001] FWLR, PT.50, 1779, 1801.

The NBA Ota Branch drew attention to the decision of Justice Inyang Ekwo in SUIT FHC/ABJ/CS/437/2020: BABATUNDE MORAKINYO V. EFCC in February 2021, where the court declared the arrest of the applicant within the premises of the Federal High Court by EFCC officials as unlawful and a breach of the applicant’s right to personal liberty and dignity. The court awarded N50 million as exemplary damages against the EFCC and ordered a public apology in two national newspapers.

The association stated that the DSS personnel’s action of arresting suspects within the court premises in Ilaro is a brazen assault on the independence of the judiciary and demonstrates an institutional knowledge gap that requires urgent remedial action by the agency’s leadership to prevent the erosion of Nigeria’s democracy.

The NBA Ota Branch called on the President, the National Assembly President/Speaker, and the Director-General of the DSS to take up this challenge and reposition the agency for effective and efficient service delivery in a democracy where the law trumps the rule of force. The association also urged civil society organizations (CSOs) to partner with security agencies in bridging the obvious institutional knowledge gap in the system.

The statement was signed by A.O. Adegoke Esq., the chairman of the NBA Ota Branch.

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