The
State Security Service (SSS), is relying on the provisions of a legal
instrument approved by the Abdulsalami Abubakar military junta in resisting the
arrest of its former director general, Premium Times has learnt.
Operatives of the SSS on Tuesday blocked the
arrest of the immediate past DG of the agency, Ita Ekpeyong, in an embarrassing
confrontation with personnel of the Economic and Financial Crimes Commission.
The EFCC says Mr. Ekpeyong is wanted for his
alleged role in the arms scam involving a former National Security Adviser,
Sambo Dasuki, and other former senior military officials. Many of the other
accused persons have been arraigned in court.
The former DG, who led the secret police
between 2010 and 2015, reportedly turned down multiple invitations by EFCC
investigators.
An attempt by EFCC personnel this week to
arrest him and search his home at 46 Mamman Nasir Street,
Asokoro, Abuja, was resisted by SSS operatives, the latest in a
string of clashes between the two law enforcement agencies.
The EFCC was also blocked by security agents
against arresting the former Director-General of the National Intelligence
Agency, Ayodele Oke.
The Senate is investigating the encounter, amid
widespread criticisms from Nigerians.
But Premium Times understands that beyond its
well known history of acrimony with the EFCC, the SSS is relying on the
provision of a proclamation approved by General Abubakar in 1999. The law is
now regarded as a subsidiary legislation of the National Security Agencies Act.
The edict, titled Instrument No 1 of 1999,
shields the SSS from external audit and investigation of its financial dealings,
making them subject to only presidential review.
The
order was issued via military fiat by Mr. Abubakar on May 23, 1999, just six
days before the nation transited to civilian rule.
The instrument has not been nullified or
replaced by a National Assembly-enacted Act, and the SSS still abides by its
provisions till date.
Article (1) of the Instrument reads, “The
Director General is responsible to the President and Commander-in-chief of the
Armed Forces for the proper expenditure and accounting of all funds made
available in the service from the security vote or any other source.”
The instrument also excluded the security
service from external auditing.
“The account of the state security service
shall not be subject to external audit, but the Director General shall, by the
first week of March each year, render to the President, Commander-in-chief of
the Armed Forces, returns of expenditure, and copy the National Security
Adviser,” article 2 reads.
The SSS believes that any questioning of its
present and former leaders over financial matters is tantamount to external
auditing of the agency’s finances.
The agency does not have a spokesperson to
comment for this story. Its Director General, Lawal Daura, did not answer or
return multiple calls.
However, sources in the agency told Premium Times
Mr. Daura has told President Muhammadu Buhari that his agency would continue to
shield Mr. Ekpeyong for as long as that proclamation was not repealed or
amended.
He is also said to have told close associates
that he was ready to be sacked rather than allow the EFCC to arrest Mr.
Ekpeyong.
The spokesperson for the EFCC, Wilson Uwujaren,
did not answer or return multiple calls made to him on Sunday.
- Premium Times
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