DSS

By Ahmad Deedat Zakari

The Department of State Services, DSS, said its preliminary investigation has established that the Desert Herald publisher, Tukur Mamu, sponsors terrorism. 

This was made known by the DSS through its lawyer, Ahmed Magaji, in an affidavit supporting a motion before the Federal High Court, FHC, in Abuja on Tuesday.

According to the DSS, Mamu was on his way to a meeting with foreign terrorists when he was arrested by Interpol last week. They also disclosed that he is a logistics manager of both local and foreign terror organizations. 

The presiding Justice, Evelyn Maha, has granted the motion sought to detain Mamu for 60 days in order to allow unhindered investigation.

The Daily Reality had reported that Mamu was arrested in Cairo while on his way to the Kingdom of Saudi Arabia alongside his wives.

By Uzair Adam Imam

The Department of State of Service (DSS) has detained a staff member of Desert Herald, a Kaduna-based publication owned by Tukur Mamu, the negotiator of Kaduna train hostage.

The staff, idefied as Mubarak Tinja, was detained after he was invited by the security operatives to retrieve phones and other devices that were fetched from Mamu’s house.

It was gathered that Tinja was accompanied by his friend to the Kaduna office of the DSS around 5 pm where they detained him.

According to a source, “The DSS went to the house and left a note for Mubarak Tinja to come to their office for the phones they collected and so he went with a friend.

“Sometime around 9pm, security agents asked his friend to return home and when he asked of Tinja, they said they were keeping him for questioning,” he said.

Mamu is the Spokesperson of the Kaduna- based cleric, Sheikh Ahmad Gumi, and had led the negotiation for the release of some of the abductees of March 2022 Kaduna train attack.

The Daily Really reported that the negotiator was first arrested by Interpol on Tuesday in Egypt and picked up by DSS in Kano as his plane touched the ground.

The DSS subsequently said Mamu has questions to answer regarding the rising insecurity in the country.

By Muhammad Sabiu

A group of 50 thugs on Monday attacked Bauchi State House of Assembly members who gathered in a guest house on Sir Kashim Ibrahim Road, just a few meters from the Bauchi State Government House.

Six people were reportedly hurt, and the thugs caused pandemonium at the scene by smashing windows and cars at about 4:00 pm.

This occurred just after unidentified arsonists attempted to burn down the House of Assembly complex but were stopped by quick-acting security forces.

After the incident, a combined team of security agents from the Nigeria Police Force, the Nigeria Security and Civil Defence Corps, the DSS, and the Nigerian Army were immediately dispatched to the House and took control of the complex.

Following the incident, security was beefed up in the area by stationing a combined team of security agents comprising men of the Nigeria Police Force, the Nigeria Security and Civil Defence Corps, the DSS and the Nigerian Army.

Reports have indicated that a lawmaker, Ado Wakili, representing Burra Constituency in Ningi Local Government Area of the state who was one of those injured, alleged that the hoodlums were armed with guns and other dangerous weapons.

He was quoted as narrating, “We were inside having a meeting when we suddenly heard noises and banging at the gate, as we rushed out to see what was happening, the hoodlums rushed in holding guns, cutlasses and other dangerous weapons.

“All of us scampered for safety, and in the process, many of us, including me, got injured, as you can see on my face just below my eyes.

“They really turned everything upside down. By the time we came out, they had smashed all our cars and the windows of the house.”

By  Ibrahim Nasidi Saal

The Joint Border Patrol Team, comprising Nigerian security operatives, on Thursday, April 28, 2022, handed over the duo of Ismail Ajibade and John Adewumi, a Beninoise, arrested with $285,000 (Two Hundred and Eighty-five Thousand Dollars) and CFA 18, 925,000 (Eighteen Million Nine Hundred and Twenty-five CFA) to the EFCC, for further investigation and possible prosecution. 

The suspects were arrested on April 15, 2022, by officers of the JBPT whilst on a routine patrol along the Ilashe/Ihambo axis of Ogun State. 

While handing over the suspects, A. Adamu, who led the team, said Ajibade, who is a driver, received the foreign currencies from one Taiwo Hassan in Ogun State.

Adamu added that Ajibade was on his way to convey the same to Adewumi, who had been directed to deliver the monies to one Oladimeji in the Benin Republic when they were intercepted. 

By Muhammad Sabiu

Nigerian soldiers have captured a large sum of money intended to pay for the release of several captives held by armed bandits in Kaduna State.

Some of the ransom payment couriers are alleged to be security personnel, according to media reports.

Kidnapped victims, including women and children, were also rescued by troops participating in intelligence-driven military operations.

The operations, which were carried out concurrently by Nigerian Army ground soldiers and special forces from the Nigerian Air Force, NAF, resulted in eliminating several bandit terrorists.

According to an intelligence officer, troops from the synchronised operations from the 271 NAF Detachment in Birnin Gwari and the Nigerian Army FOB in Gwaska rescued dozens of kidnapped victims.

“The sum of N60,000,000 in cash, petroleum products and sophisticated weapons were recovered during the operations.

“Other items recovered by the troops from the suspects include vehicles, AK-47 rifles, magazines, various kinds of ammunition and mobile phones.

“Meanwhile, we will refer the case of the arrested couriers who mostly have identifications with security agencies to the Department of State Service (DSS) and Defence Intelligence Agency (DIA) for further investigation,” the intelligence officer was quoted as saying.

By Najeeb Maigatari

It is now almost eight months since Sheikh Zakzaky and his wife, Zeenah Ibraheem, were discharged and acquitted by a Kaduna High Court of all the criminal charges levelled against them after spending almost six years in illegal detention. 

One would have thought that it would be a matter of days or a couple of months at most for the duo to jet out of the country to attend to their health that deteriorated during their stay in detention. 

When passing its judgment, the Kaduna High Court made it categorically clear that the couple were not only innocent and thus discharged and acquitted, but are also entitled to freedom like every other citizen as enshrined in the constitution of the country, including among others, the right to attend to their health in any place of their choice. 

But the Nigerian government, in a show of contempt to a court of competent jurisdiction, continued its systemic persecution of the ailing couple by withholding their travel documents to frustrate their quest for proper medical attention. 

The NIA, NIS, and DSS initially denied withholding the couple’s travel documents but later admitted they were lost. The office of the AGF went as far as claiming that the couple were not suffering from any life-threatening condition that warrants overseas treatment. When and how did the AGF become a diagnostician capable of tracing what ailments should be attended to in the country? 

It is worth noting that Sheikh Zakzaky and his wife are still suffering from various life-threatening health problems, as evidenced by a series of investigations results undertaken after their release from detention- at both public and private health facilities. 

The Sheikh’s lead and cadmium poisoning is the greatest concern, which is yet to be addressed, notwithstanding the dangerous serum level. The story is no different for his wife, Zeenah, who has been a wheelchair user for almost six years now. 

The couple has suffered enough. As a moral obligation, people of conscience, clergies and statesmen are pleased urged to demand that government allows the Sheikh and his wife to attend to their health. As the saying goes, injustice to one is an injustice to all. 

Najeeb Maigatari, Jigawa State, and can be reached via maigatari313@gmail.com.

By Uzair Adam Imam

President Muhammadu Buhari has commiserated the death of a five-year-old girl, Hanifa Abubakar, whose teacher allegedly killed, in Kano on Thursday.

The Daily Reality had reported how Hanifa’s corpse was discovered dismembered and buried in a shallow grave at the premises of a certain private school in Tudun Murtala Nassarawa Local Government Area of the state.

Hanifa was a pupil of Abdulmalik Muhammed Tanko, who allegedly abducted her on her way to a school located in Kwanar Yan Gana in Tudun Murtala.

The commiseration was in a release signed Friday by the Senior Special Assistant to the President, Malam Garba Shehu.

Buhari has commended the commitment of the police and the secret service in unravelling the mystery behind the disappearance of Hanifa.

The President also prayed for the repose of the soul of the little school girl and urged her parents to bear the sad loss with courage and fortitude in God.

By Rabiu Muhammad Gama

For a start, protest is something that you do to show publicly that you think something is wrong and unfair. Protest is an expression of disapproval; it’s done in different forms and on any day; it can be verbal or physical or via social media. In a democratic society like Nigeria, protest is an effective and legitimate tool, usually the only tool, that citizens can use to express their displeasure concerning some government measures or policies publicly. For example, when the government fails to discharge its duties, the citizens can hit the streets to register their grievances against the government. The nagging question, which this article sets out to answer, is: must people get a permit from a state governor or the Police Commissioner before convening a protest?

The Constitution of the Federal Republic of Nigeria, 1999 (as amended), is the fundamental law of the land. It is the law on top of which there is no other law. It is over and above any law, body or authority. It has been aptly submitted that the Constitution of any country, and don’t forget Nigeria is still a country, is the embodiment of what the people desire to be their guiding light in governance – their supreme law – the “grundnorm” of all their laws.

By virtue of Section 1(3) of the 1999 Constitution, any law, and that ‘any’ does mean ANY, that is inconsistent, or in conflict with a provision of the Constitution, that law is invalid and utterly useless due to its inconsistency with the Constitution. Please, permit me to draw an analogy; whenever there is a boxing match in a ring (read: court of law) between the Constitution and any other law, the referees (judges) always rule, and will undoubtedly continue to rule, in favour of the Constitution. No law can knock out the Constitution, no matter how strong and powerful its muscles are. The Constitution always prevails.

The Constitution provides for Fundamental Human Rights, precisely from Section 33 to Section 44, and these sections are in Chapter Four of the Constitution. These Fundamental Human Rights are simply those Rights that every human is entitled to simply because he is human. Therefore, these Rights cannot be taken away or restricted except in full compliance with Section 45 of the Constitution and some other relevant provisions therein.

Section 39 and Section 40 of the 1999 Constitution provide for the Right to Freedom of Expression and the Right to Freedom of Association and Peaceful Assembly, respectively: merging these two Sections gives us the Right to Protest. In the light of the foregoing, it is safe to submit that Right to Protest is a Fundamental Human Right that is clearly guaranteed and enshrined by the 1999 Constitution. Hence it cannot be restricted by anybody, including the DSS or the Police, or rather particularly the DSS or the Police. It is only the Constitution that can restrict that Right.

Before 2005, there was one undemocratic federal law (Act) that was dripping with dictatorship and some leftovers of colonialism mentality, the Public Order Act. The Law (Act) was initially promulgated as the Public Order Decree 5 Of 1979, and it later became an Act of the National Assembly under Section 274 of the 1979 Constitution. Sections 1 (2) (3) (4) (5) (6), 2, 3 and 4 of the Act required intending protesters to get a permit from the Governor (he can delegate the powers to the Commissioner of Police) of the state where the protest is to be held before they can protest. When the Governor, or the Commissioner of Police as the case may be, thinks that the protest is likely to disrupt public order, he can refuse to issue the permit.

However,  in the celebrated case of IGP v. ANPP (2008) 12 NWLR 65 when Malam General Muhammadu Buhari (as he then was) and his then political party, the ANPP, lost the presidential election in 2003 to Olusegun Obasanjo, requested the Inspector General of Police (IGP) by a letter dated 21^st May 2004, to issue police permits to their members to hold unity rally throughout the country to protest the alleged rigging of the 2003 election. The request was refused.

General Buhari and the rest of them organised the rally without the permits. As a result, there was a violent disruption of the rally organised in Kano on 22nd September 2003, on the ground that no police permit was obtained as required by the Public Order Act. The Federal High Court invalidated the provisions of the Act that required a Police permit before a protest is staged on the ground of their being inconsistent with the provisions of the Constitution, particularly Section 39 and 40, and Article 11 of the African Charter on Human and People’s Rights ( Reification and Enforcement) Act, Cap. 10, Laws of the Federal Republic of Nigeria, 1990.

On appeal, the Court of Appeal also affirmed the decision of the Federal High Court. Right from the Federal High Court, the learned trial judge relied on the decision of the Supreme Court of Ghana in the case of New Patriotic Party v. Inspector General of Police (1992 – 93) GBR 585 – (2000) 2 HRLRA 1 where it was aptly submitted that:

“Police permit has outlived its usefulness, statutes requiring such permits for peaceful demonstrations, processions and rallies are things of the past. Police permits is the brainchild  of [the] colonial era and ought not to remain in our statute books.”

That was how the Court sent those unconstitutional provisions of the Public Order Act to their eternal grave. By the way, it may interest you to know that by virtue of Section 83 (4) of the Police Establishment Act, 2020, where a person or an organisation CHOOSES to notify the police of his or its intention to hold a public meeting, rally or a procession on a public highway, the police officer responsible for the area where the rally will take place shall mobilise personnel to provide security for the rally! The police or the DSS have no powers whatsoever to stop or restrict the Fundamental Right of Nigerians to freedom of expression and assembly once those rights are exercised within the ambit of the law.

As the law stands today, no police permit is required before staging a protest in Nigeria. The right to protest is a Fundamental Human Right given by the Constitution, which cannot be taken away or restricted except in accordance with the provisions of the Constitution.

Rabiu Muhammad Gama is a Law student from Bayero University, Kano (BUK). He can be reached on 09061912994 or via rabiuminuwa327@gmail.com.