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