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Human Rights as defined by the United Nations (UN) are those
rights, which are inherent in our nature and without which we cannot live as human beings. Fundamental Human Rights are rights which represent demands or claims which the individual or group make on society. Human Rights have also been defined as the common language of humanity. Apart from the UN Charter, the African charter and the 1999 Constitution, the function of a guaranteed Human Rights in our constitution is to impose limitation upon the actions of the state, which of curse include security operatives existing within such a state.
According to Dr. Rolf HUNNENMAN “human rights call” upon state
to protect vulnerable individuals and group against oppression. Oppression involves the extreme misuse of State power and include the use of state machinery with oppressive interest groups”. This same author also noted that international law imposes duties liabilities upon individual as upon state, conversely individual or group human right actions should be lawful in order to expect reciprocal protection from the state.
In our new democratic dispensation, many mischief makers have
hidden under the cloak of human right to unleash terror on their fellow Nigerians under one guise or the other. It is not hidden secret that in some of the underlisted instance the killings were politically motivated. These instances are as follows:
Killings in Shagamu, Kaduna, reprisal killings in the East,
Banditry and extra judicial killings in many parts of the country, the activities of OPC. APC, Egbesu, Mossop. These case have negative impact on national security. Security operations into some of these cases revealed that the underlying motives of the perpetrators f these unwholesome acts, hiding under the cloak of human rights are basically political laced with religion. Situation where discredited politician and those who have fallen out of favour with government, hide under the cloak of human rights to cause security problem should be condemned by all well meaning Nigerians. Security should be seen as a collective responsibility of all. It is therefore incumbent on all peace loving Nigerians to furnish information considered to be inimical to the interest of the entity called Nigeria to security agencies and their agents for further action. In a layman’s language, security simply means freedom from danger or anxiety. And when viewed professionally, we can say that it is a condition achieved when classified information and materials are successfully protected from loss, disclosure, espionage, sabotage, and personnel protected against subversion. Security operations on the other hand, can be refereed to as the totality of activities carried out by security agencies in the discharge of their statutory roles and functions. In Nigeria, a lot of agencies are responsible for carrying out security operations in order to protect the state, the individual or group from threats or danger to their normal existence. Agencies that carry out one from of security operation include:
The Military; The Customs; The Immigration; The Prison Service; The National Intelligence Agency (NIA); an The State Security Service (SSS).
For the purpose of this paper, we shall consider the impact of
Human Right Laws on security Operations, conducted by the State Security Service (SSS). By virtue of Cap 278 Laws of the federation 1990, and the SSS Instrument No. 1 of 1999, the SSS shall be responsible for the prevention and detection within Nigeria of any crime against security. The Protection and preservation of all nonmilitary classified matters within Nigeria as the National Assembly or the. President as the case may be may deed necessary. The SSS is also responsible for the prevention, detection and investigation of threats of Espionage, Subversions Sabotage, Economic crimes of National dimension, terrorist activities, and the provision of timely advice to government on all matters of National Security interest, vetting of prospective appointees to public offices etc. MENTION ITEMS a. Section 33— Right of Life; b. Section 34 — Right to dignity of Human person; c. Section 35 — Right to personal liberty; d. Section 36 — Right to fair Hearing; e. Section 37 — Right to private and Fam1y Life;
f. Section 38 — Right to freedom of thought conscience and Religion; g. Section 39 — Right to freedom of the Press; h. Section 40 – Right to freedom of Assembly
From these provisions, which mirrored the UN and African Charter
on Human Rights, it could be seen that this country is not deficient in laws pertaining to Human Rights and its enforcement, Human right violations in this country by government or its agencies is traceable to sycophancy, wickedness, attempt to deal with perceived enemies of the ruling class by ,government, corruption on the part of government officials, ignorance on the part of the government officials and the generality of the people.
The pertinent question is that readily comes to mind is how have
these laws imparted negatively or otherwise on security operations? A greater part of the life of this country after independence has been under military rule, and under the military, the Constitution especially aspects on fundamental Human Rights were suspended, and in some extreme cases, the Constitution itself which is the grand norm of the country. As a result of this, there was a diffusion of the military way of doing things into this security organization.
shave also used the Right to Peac-fu1 Assembly
and association to cause security problems. Occasion abounds where groups, student/labour organizations embark on peaceful demonstration to address perceived, grievances only to end up destroying government property provided at huge cost by government, all in the name of peaceful assembly and association.
In the past, it was not unusual for security agencies to receive
tasking requirements from government against persons perceived to be enemies of the state, and because the constitution then was r for the suspended, it was possible to test the validity of this orders and instructions against the constitution. It is hoped that with the current democratic desperation in place, tasking requirements and orders from Federal, States and Local levels would be tested with the constitution for validity. This may be capable of curing the defect(s) inherent in theold order as witnessed under the military.
All over the world, Human rights organizations/activists and
security agencies are normally not the best of friends, they tolerate and co-operate with each other in the interest of national security, and other international entities. May I advise that things done or purported to be done in furtherance of Human Rights should be solely for the promotion of same without consideration to other extraneous issues like political, economic, social or religious factors which may impact negatively on the security of the country.
S.16 of the 1999 Constitution, Judicial power vested in accordance
with the foregoing provisions of bent this Section A. shall extend, notwithstanding anything to the contrary in this constitution to all inherent powers and sanctions of a court of law Shall extend to all matter between persons or between government or authority and to any person in Nigeria and to all actions and proceedings relating thereto, for the determination of any question as to the civil rightswand obligations of that person. These review
functions of the courts of acts of persons including Security Agencies has ensured compliance with the rule of law to a large extent. Finally, may I call on Agents to always assist and cooperate with
each other in the task of ensuring national security where individual or groups can go about their lawful businesses without hindrance. It is equally important to note that with a constitutional government in place, there has been a lot of improvements in the way and manner security agents threat members of the public especially issues having to do with fundamental Human Rights. In the old order, it was a common phenomenon to hear of illegal arrests, extortion, and detention under Decree 2 without recourse to the law court for remedy. S.O.D (TWO)
In the LGA formations, unless the offence was committed in the
presence of the LGSC or his subordinates, no arrests shall be made without the prior authorization of the SDS. Where the offence was other committed in the presence of the LGSC or his subordinates, the arrested person shall be immediately transferred to the Command headquarters.
exceptional cases, particularly regarding the status of
individual(s), arrest at either NHSS or Command level must receive the express authorization of the DGSS.
At the NHSS, authorization for arrests of any person or subject of
an investigation shall only be issued by the Directors of Enforcement and Covert Operations. In case of exigencies, the Ads in DSE and
DCO may authorize an arrest which must be ratified by the respective Director; otherwise the suspect must be released immediately. Returns on all arrests made, detention and duration of arrests as well as other relevant information shall be forwarded to NHSS for the attention of DO/DE/DS within forty-eight (48) hours of the event.
An Operative effecting an arrest shall immediately inform the
person arrested of the reason for his/her arrest, unless the person arrested is actually in the course of committing the offence or is pursued immediately after the commission of the crime or has escaped from lawful custody. THE ROLES OF SSS AFTER AN INVERT
The Operative shall immediately upon arrest, search the body of
such person, and may use reasonable force to achieve that purpose. All articles found on the person shall be recorded and placed in safe custody of the Exhibit Keeper in the Command or Directorate; with the exception of the clothes the person was wearing at the time of his/her arrest. By this directive therefore, an Exhibit Keeper, who shall have practical knowledge in the handling of exhibits, must be appointed at NHSS and commands.
Such property shall be returned to the arrested person where
eventually he/she is not charged with any offence.
Immediately after arrest, the suspect(s) shall be brought to the
SSS office (Command Headquarters) where two (2) separate
records shall be kept by the Desk Writer in the Ops Room and the case Officer (CD) respectively of the following: a. The name of the arrested person; b. The address of the arrested person; c. The officer(s) who arrested the person; d. The place of arrest; e. The date and time of the arrest and arrival of the arrested person in SSS office; f. The reason for the arrest; g. The nature of the arrest (i.e. whether with or without Warrant:; h. The arrested person’s personal effects at the time of arrest; List of incriminatory items found on the arrested person at the time of arrest; j. Information concerning family member(s) of the arrested person; and k. Authorization for the arrest.
If the Director or SDS determines that investigation into the case
that led to the arrest of the person cannot be completed forthwith, and the offence is not a capital offence or save one, and that to release the person will not jeopardize the investigation, he shall release the person on bail to a reasonable ‘, surety using the Service Bail form (SBF) attached as “Annex B”, on conditions that he shall ensure his availability whenever needed pending the conclusion of investigation. A reasonable Surety is a prominent citizen with a landed property, which the original copy of titled document must be deposited as bond.
Detention of persons is an extreme measure which shall be
applied only if doing otherwise will jeopardize on-going investigation or if the offence is considered grave. Accordingly, only the designated
NHSS Director or SDS can authorize the detention of any arrested person and may extend the authorization up to forty-eight (48) hours, If investigation cannot be completed within forty-eight (48) hours, or the offence is a capital one, such as Treason, the Director or SDS must receive approval of the DGSS for any extension. In any case, the DGSS must be informed within forty-eight (48) hours if the detention of any person, whether or not the person was only detained for a minimal duration.
However, where the case officer envisages that investigation can
not be completed within the time limit provided by the constitution; the suspect may b arraigned with the prosecution counsel asking 10 time to conclude investigation and asking that suspect be remanded either in custody 01 Service/Command or Prison. Where investigation is completed and it is probable that the offence is bailable, the prosecution counsel may arraign the suspect in an inferior court. This is aimed at buying time, with the inferior court directing that suspect be remanded in custody.
A detention centre in the Service shall be designated as “OPS
Support Facility” (OSF). While an officer shall be appointed for each of the State Commands, and the Base Command Lagos (BCL) as PSO the lops Support’ as it exists in NHSS, to perform the under listed function:
Supervision of the Guard Unit in the handling of detained persons; ii. Coordination of welfare arrangements for detained persons; iii. Allocation of appropriate accommodation within OSF for detained persons;
iv. Provision and maintenance of five (5) separate Log Books as designated hereunder; a. Admission and Release Log Book; b. Movement of Detained Persons’ Log Book; c. Medical Examination Log Book; d. Welfare/Complaints of Detained Persons’ Log Book; and e. Visiting Log Book.
v. Preparation of the interrogation Room vi. Advice to appropriate authority on the handling/welfare of detained persons; vii. Regular visits to OSF, at least three (3) times daily with records of such visits kept in the Station Diary; and viii. Deployment of personnel not below the rank of an ASO to maintain a duty desk at the entrance of OSF for general observation and immediate security.
The Admission and Release Log Book shall have columns for the
recording of date and time of custody of detained persons; the detaining authority; the personal effect collected from detained persons for safe custody; the health status of detained persons at the time of arrival; date and time of release of detained persons; the releasing authority; signature of detained persons confirming receipt of personal effects retained at the time of detention and remarks/signature of PSO OPS Support. The personal effects the or money received by the Desk Writer from detained persons shall promptly be handed over, for safe able keeping, to the PSO OPS Support who shall maintain a record for that purpose.
The Movement Log Book shall contain columns for the recording
of all movements made by detained persons from the time of detention to date of release. Records should indicate movements from and to OSF i.e. to the Courts, the hospital, and the interrogation room or to any other place. Any request will for interrogation or interview of detained persons by Case Officers or any other officer in appropriate circumstances shall be upon the completion of a “Detained Person Interrogation Request Form” (DPIR the Form) (Specimen attached as “Annex C”), which must be routed through the PSO OPS Support to ADOS/ADS Oil for the approval of the designated Director in NHSS or SDS. In the absence of the GSS responsible NHSS Director or SDS, ADOS in NHSS and ADS O/I or ADS A/L in the absence of ADS O/I in the Commands can give the approval. The date, time and fact of these movements as contained in the Form must be recorded in the Log Book. The officer to whom a detained person has been released for the purpose of interrogation or interview shall likewise make his mark on the Log Book confirming the fact of this. Where the movement is for the purpose of conveying detained persons to the Court, hospital or any other approved place, the name and mark of the Gird Unit personnel leading the Escort Team shall be recorded in this Log Book, The PSO OPS Support shall keep records of all DPIR Forms. Other activities of detained persons, such as prayers, physical exercises, bath etc shall also be recorded in this Log Book,
The Welfare/Complaints Log Book shall contain records of actions
taken in respect of the welfare of detained persons, his complaints, action taken on his complaints and follow-up action (if any). The PSO Support shall forward reports of such complaints together with his
recommendations through the appropriate ADS to the Director or who shall take appropriate steps towards addressing such complaints. All interactions between detained person and his family members
or legal counsel, or associates shall be recorded with particular reference to date, time, names and addresses of visitors, duration of visit and relationship of visitors with detained persons. Interactions between personnel, who are non-guard unit members, and detained persons, shall also be recorded with regards to purpose of such interaction Authorization of the visit shall also be indicated in the Visitation Log Book. At the admission of any detained person into any OSF, he shall be examined by a Medical Officer, whether or not the detained person requests for such examination. The medical history of the detained person as determined in the course of that examination shall be recorded in this Log Book. All treatments given throughout the duration of detention shall also be recorded in this Log Book, except treatments considered by the Serivce’s Medidcal Unit as confidential, records of which shall be kept separately by the Medical Unit. The Medical Unit, whether in NHSS or Commands shall make
mandatory routine visit to detained persons at least three (3) times a week. A medical examination shall be conducted to uncover physical or mental illness, after which necessary measures such as the segregation of detained persons suspected of infections, shall be taken.
The Medical Officer shall be responsible for the health care of
detained persons and must on daily basis see all sick detained persons and any detained person to whom his attention is specifically directed by the PSO OPS Support or any officer in appropriate circumstance, Sick ‘persons who require specialist treatment shall be transferred, under guard, to Government established hospitals or civil hospitals. If a detained person brings in any drug or medicine, the Medical Officer shall determine what they are meant for.
The Medical Officer shall report to the Director or SDS whenever
he feels that a detained person’s physical or mental health has been or will be adversely affected by continued detention or by any condition of detention.
The Medical Officer shall regularly inspect and advise the Director
or SDS on the following: a. The quantity, quality, preparation and service of food;
b. The hygiene and cleanliness of the OS 50 c. The sanitation, climatic condition, lighting and ventilation of the
OSF; and d. The suitability and cleanliness of detained persons’ clothing and beddings.
The Director or SDS shall take into consideration the reports and
advice of the Medical Officer and shall take immediate steps to give effect to the recommendations. If they are not within his competence he shall immediately submit his own report and the advice of the Medical Officer to higher authority.
Not later than twenty-four (24) hours after the arrest and upon
detention or after transfer of the detainee from one OSF to another, a detained person shall be entitled to notify or require the detaining authority to notify members of his family or other appropriate person(s), of his arrest, detention and the fact that he is in the custody of the Service. When detained persons are being moved from OSF to another approved places, they shall be exposed to public view as little as possible and proper safeguards shall be adopted to protect them from insult, curiosity and publicity of any form, except such publicity that may arise out of their presence and actions in the course of their trial before a Court of Law. The conveyance of detained persons shall be by the Service’s Suspect Vehicle (buses, cars or boats). Where the suspect vehicle is not available, a secured vehicle shall be used.
The transport of detained persons shall be carried out at the
expense of the Service, whether at NHSS or Commands, and equal conditions shall obtain for all of them.
Instruments of restraint, such as hand cuffs, chains, irons and
straight jackets shall be applied on detained persons only in the following circumstances: a. As a precaution against escape during a transfer or movement from one point to another, provided that they shall be removed when the detained persons appear before a judicial or administrative authority;
b. On medical grounds based on the advice of the Medical Officer; and c. By order of the Director or SDS, if only methods of control, in order to prevent a detained person from injuring himself or others from damaging property fails. The Director or SDS shall at once consult the Medical Officer and report to the DGSS. Such instrument shall not be applied for any longer time than necessary. However, the instrument shall not be applied on detained persons as punishment.
Detained persons shall be allowed to procure at their own expense
or at the expense of the third party such as books, newspapers, writing materials and other means of occupation that are compatible with the interest of the administration on justice, security and good order of the OSF. Detained persons shall be allowed to be visited and treated by their own doctor and dentist in the presence of the Service Medical Officer, if there is reasonable ground for such which shall be at their own expense.
Detained persons shall be allowed to inform their family of their
communicating with their families and associates. The detained persons shall be allowed to be visited by the family members and associates, subject only to such restrictions and supervision as are necessary in the interests of the administration of justice of the security and good order of the OSF.
For the purpose of their defense, detained persons who have been
charged to Court shall be allowed to apply for free legal aid where such is available, and to receive visits from their legal adviser(s) in the course of their defence. The legal adviser(s) shall be allowed to give the detained persons confidential instructions. Detained persons shall, if they so desire, b supplied with writing materials when briefing their legal adviser(s).
Interactions between detained persons and their legal adviser(s)
may be within sight but not within the hearing of any Operative of the Service. Monitoring of such conversations can be professionally done through covert means. Communications between detained persons and their legal adviser is inadmissible in evidence against the detained persons unless they are connected with a continuing or contemplated crime.
A foreigner detained by the Service shall be promptly informed of
his right to communicate by appropriate means with a Consular post or the Diplomatic Mission of the State of which he is a National or which is otherwise entitled to receive such communication in accordance with International Law, or with the be representative of competent international organization, if he is a refugee or is otherwise under the protection of an inter-governmental organization.
If a detained person is a juvenile or is incapable of understanding
his entitlement, the Service shall on its own initiative undertake the notification of his parents or guardian.
Generally, communications with or notification of detained person’s
relations shall be made or permitted to be made without delay. However, notification or communication may be delayed for a reasonable period not later than seventy-two (72) hours, where exceptional needs of the investigation so requires.
All money, valuables, clothing and other effects belonging to
detained persons shall upon his admission in OSF be placed in safe custody, and recorded in Detain Persons Data Form (DPD Form), attached as “Annex D”, which must also be signed by the detained persons. Steps shall be taken to keep the retained property in good condition.
All such articles and money mentioned in Para 57 above shall be
returned to the detainee upon his release. The detained person shall indicate receipt of the articles and money returned to him in the DPD at form before departure.
As far as practicable, every detained person shall be allowed to
practice his religion while in the OSF and may have in his possession the books of his religious observance and instructions of his of denomination. Such religious book must be examined.
Access to a qualified follower/clergy of any religion shall not be
refused to any detained person. On the other hand, if any detained person should object to a visit of any religious representative, his attitude shall be freely respected even if not in the majority at the OSF.
The purpose of classification shall be to separate from others,
those detained persons who by reason of their criminal records or bad character, or state of health are likely to exercise bad influence or affect others. In this case, the following rules shall always apply: a. Young detained persons shall be kept separately from adults; b. If practicable, detained persons shall sleep singly in separate rooms; c. Female detained persons shall be accommodated in separate facility from male ones and be attended to by female personnel of the guard unit or designated female Operatives; and d. Detained persons with infectious diseases or mental illnesses shall be kept separately based on the advice of a Medical Officer.
Each detained person shall occupy by right a cell or room by
himself. For special reasons, such as high number of detained persons at a given time, it may become necessary to make an exception to this rule, but it is not appropriate to have two (2) detained persons in a cell or room for too long.
Where it becomes inevitable to have more than one (1) detained
person staying together, they shall be carefully selected as being suitable to associate with one another in that condition, but there shall be regular supervision, in keeping with the nature of the OSF.
All accommodation provided for the use of detained persons and in
particular sleeping accommodation, shall meet all requirements of health, with due regard to climatic condition, space, lighting and ventilation.
The security of the Facility shall be adequate to enable every
detained person comply with the needs of nature when necessary, in a clean and decent manner.
Detained persons shall be required to keep their persons clean.
This end, they shall be provided with water and toiletries to enable them have their bath and maintain cleanliness, as frequently as necessary for general hygiene. All parts of the OSF used by detained persons shall be properly maintained and kept clean all times by the Service.
In order that detained persons may maintain a good appearance
compatible with their self-respect, arrangements shall be made for the proper care of the hair and beard. Detained persons shall be allowed, at their own expense to have as many clothing as would make him comfortable. Such clothing shall be examined before it is given to the detained person. All clothing worn by a detained person shall he clean and kept in proper condition at the expense of the Service. Underclothing shall be changed and washed by detained persons as often as necessary for the maintenance of hygiene.
Every detained person shall be provided with a separate bed, and
with separate and sufficient bedding which shall be clean when issued, kept in good order, and changed often enough to ensure its cleanliness.
Every detained person shall have at least one (1) hour of suitable
physical exercise in the open air daily, in any suitable place within the premises of the OSF if the weather, health of the detained person and security arrangements permits.
Where health condition of detained persons does not permit
physical exercise, they shall still be brought out in the open air within the OSF for at least thirty (30) minutes daily.
All interaction between personnel and detained persons shall be
governed by the following rules: a. In addition to securing the OSF and escorting detained persons when necessary, guards’ interaction with detained persons shall be limited to reporting of observations or taking complaints of suspects to the PSO OPS Support or Duty Officer or in their absence, any to the Ads, ADSes or the Director/SDS; I b. The transmission of personal messages through telephones, letters or other means for the detained person is prohibited: c. Guards deployed to OSF shall deposit their cell phones at the OPS room before assumption of duty; d. Guards deployed to OSF shall be subjected to thorough search before assuming duty and when closing: e. A Case Officer shall, after filling ‘Detained Person Interrogation Request Form’ (DPRI Form), have access to a detained person concerned with the case he is handling; f. Aside from the official functions already stated, the PSO OPS Support shall be required to take care of the detained person’s personal needs, which shall not include transmission of personal messages; and
g. Interactions between the medical team and the detained person shall be limited to the roles stated earlier. INVESTIGATION PROCEDUCRES
The techniques of Interrogation are settled and may be applied in
the course of interrogating arrested or detained persons as the circumstance warrants.
However, no detained person while being interrogated shall be
subjected to violence, threats of methods of interrogation which impair his freedom of decision or judgement,
No detained person shall be compelled to testify against himself.
No detained person, shall even with his consent, be subjected to any medical or scientific experimentation which may be detrimental to his health.
The duration of any interrogation and of the intervals between
interrogations as well as the names of the officers who conduct the interrogation and other persons present, shall be recorded in the Movement Log Book.
A person arrested or detained shall be cautioned in the language
he understands, that he has the right to remain silent and that if he elects to say something, whatever he says may be put into writing and given in evidence. If he elects to say something, or volunteers his statement in writing he shall be provided with the approved State
Form (Attached as ‘Annex E’), containing the cautionary words, which shaft be read to him in the language he understands and he shall be required to make his mark or append his signature before proceeding to write the statement. He shall be asked if he wishes to write down the statement himself. If he says he cannot write or requests someone to write for him, and accepts the offer at the investigator to write the statement for him, Detained person shall be required to sign or make his mark to the following Jura:
“I .......... ...... ...........wish to make a statement I want someone to
write down what I say. I have been told that I need not say anything unless wish to do so and that whatever I say may be given in evidence”.
It is to be emphasized that where a person elects to write his own
statement, after reading the cautionary words already type on the State Form to him in the language he understands, he shall be allowed to read them again by himself and sign it, before writing what he wants to say.
When the writing of a statement by the officer on behalf of the
maker is finished, he shall require the maker of the statement to read it (or if he cannot read, it shall be read to him in the language he understands) and allowed to make any corrections, alterations or additions thereto. When he has finished reading it, he shall be asked to write and sign or make his mark on the following certificate at the end of the statement:
“I have read the above statement and I have been told that I can correct, alter or add anything I wish. This statement is true. I have made it of my own free will”
The officer who wrote the statement or before whom the statement
was made shall then certify what he has done by appending his signature to the following: “this statement was made by the maker voluntarily after due caution had been administered on him”.
Thereafter, the officer shall take the written statement together with
the maker of the statement to his superior officer, who shall verify that the statement was taken voluntarily from the detained person and shall countersign the statement to that effect.
The first practical step after the arrest of a suspect shall be to
commence the search of his house, office or built up property. For this purpose, a signed and stamped Search Warrant (S.W.) should be obtained from a Magistrate, whose court is located within jurisdiction (i.e. within the geographical location of the property to be searched).
Where the place to be searched is outside the jurisdiction of the
issuing Magistrate, the endorsed S.W. shall further be taken to a Magistrate within that jurisdiction for further endorsement. Members of the Search Team shall be thoroughly briefed of the nature and requirement of the search, and the likely danger, prior to the search Site Exploitation (SITEX) procedures shall be applied in all searches, with particular emphasis on the use of gloves by all the
members of the Search Team, in order not to contaminate relevant material evidence. Members of the Search Team shall not be less than four (4), each to perform the following functions:
a. Evaluator (Team Leader)-to determine areas to be searched within
the premises; b. Searcher-an operative specialized in the techniques of searching, to search areas earmarked by Evaluator;
c. Photographer- an Operative that has familiarized himself with the
art of photography, to take pictures of items found by the Searcher on their location before they are removed. Such pictures shall also capture parts of the room in which it was kept to prove that It was really in the searched room, e.g. walls, furniture, etc;
d. Processor-to record all items found, label and package them
before handing over to an Exhibit Keeper, so as to maintain proper chain of custody; and
e. In cases where arms and ammunition, explosives or other
incendiary materials constitute items to be searched for, available experts in the Command or NHSS, such as armourer or forensic experts shall accompany the Search Team for proper analysis and eventual given of evidence in Court.
cases where arms and ammunition or explosives are
unexpectedly found on search premises, but this was not envisaged earlier, arrangement shall be made for experts on the items to be available at the scene before the team departs the search premises. If practicable, the PSO DLS shall accompany the Search Team to provide guidance.
Where entry into a house to be searched is depied the Search
Team, they are empowered by Law to break into the house or property in order to execute the S.W. and for this purpose may use all reasonable force to ensure the lawful execution of the S.W. Anybody who obstructs the Search Team from executing the S.W. shall be promptly arrested, brought to the office and charged to Court for obstructing a security officer from performing his lawful duty.
At the completion of the search, all items pertinent to the matter
under investigation or incriminating in nature found within searched premises shall be seized and fact of this certified on the S.W, the seized items shall be listed at the back space of the S.W. where the space is not enough, additional papers could be used to itemize seized objects.
The person whose house is searched (i.e. the suspect) shall be
required to certify the listed items, or If the search was conducted in his absence, a next door neighbour or executive member of the street’s Landlord Association or Neighborhood Watch shall be required to witness the search and certify the items listed as having been found in the searched premises. The members of the Search Team shall also record their names and signatures below the listed items.
Thereafter, the items seized together with the arrested suspects
shall be brought to the office. Search report shall be written by the leader of the Search Team.
“Exhibit Room” shall be established for the purpose of keeping
exhibits retrieved from suspects. All seized items shall be promptly handed over to the Exhibit Keeper who shall record the fact of this in an Exhibit Register and store the exhibits in the Exhibit Room. The Exhibit Keeper shall ensure the proper condition of the exhibits handed to him. If the exhibits are determined not to be relevant to the prosecution of a case, it shall on written request (after consultations with the PSO DLS) by the Case officer (CD) in charge of the particular investigation, be returned in the same condition to the owner. The fact of this shall be recorded in the Exhibit nook by the Exhibit Keeper. However, document seized from suspects that are deemed to be relevant to the investigation should be handed over to a Document Exploitation (DOCEX) Team for analysis before using them as exhibits.
The first folio in the Case file shall be the tasking from the Director
or SDS, or the written report that was resulted in the arrest of the suspect, or prompted the investigation. The tasking usually directed to the Case Officer (CO).
Upon arrest, a Case File in the approved form should be created
for each suspect and for the purpose of the investigation. Upon arrival at the office, the Case Officer (CC) should ensure that photographs and finger impressions of the suspect are taken and included in the file. The photographs shall be taken in six (6) dimensions as follows; a. passport size-front view
b. passport size-right side view c. passport size-left side view
d. passport size-back view
e. full portrait —front view
All materials received during the course of the investigation
including but not limited to, reports of interviews, witness and suspects statements, documentary evidences, memoranda, correspondences, from investigation and search reports etc, are placed in the Case File as soon as possible and maintained there at all times. Ledger sheets or other bulky materials which cannot suitably be filed in the Case File may be placed in a separate wallettype folder which will contain the number of the Case File.
All materials received during the course of the investigation which
are in electronic form shall be placed in the Case Files as soon as possible and maintained there to ensure authentication and prevent alteration. If the electronic information is received on a storage medium that cannot be easily placed in the file, such as a disk, video cassette or CD-ROM, they shall be appropriately marked, and kept in a location, but referenced in the Case File. If the electronic information is directly received in electronic form as e-mail or e-mail attachments, the electronic information shall be transferred to an appropriate medium that will be maintained in the Case File.
A system for case assignment and control should be put in place.
When supervisory review of a Case File is performed, hand written administrative notes (minutes) should be made on the inside of the file covers. Such notes including dates of file review, progress of investigation, and other data which might aid over-all supervision of the case should also be indicated. When a case is assigned, the
Case Officer shall be provided with a copy of the case opening documents.
The following case management steps during investigation should
a. Eliminate extraneous materials while concentrating on only those
necessary to conduct a complete and thorough investigation;
investigators to locate them easily, facilitate supervisory reviews, and easy take over by another investigator when it becomes necessary. No single method of organization is best in all circumstances, but organization of similar materials into logical groupings, bound together in properly indexed folders is the minimum necessary to permit supervisory review and case assignment.
c. Drafts should be clearly labeled as ‘drafts’ or working copy’ and
dated. Hard copies of documents and drafts created by the investigator on a computer should include the computer file name. CD backups of documents should be maintained in the Case File, or the Case File should State where they are kept in the investigator’s work area.
d. As an investigation progresses, it occasionally becomes evident
that some documents that have been collected or created are no longer pertinent. However, until the investigation is completed and accepted by the tasking and responsible authorities, it is impossible to be certain about the need for documents. Therefore, if there is any doubt as to the continuing need for a document, it should be retained at least until the case is closed.
e. The investigator’s original notes taken during interviews must be
retained until the tasking and responsible authorities accept the investigation, and it is certain that no criminal prosecution will be undertaken as a result of the investigation. When in doubt, retain the notes.
When the investigation has been completed and accepted by the
taking authority, the file should be reviewed to eliminate unnecessary documents in preparation for storage. Only those documents necessary to establish the scope and completeness of the investigation should be kept.
There after original copy of the Case File should be sent to the
Legal Services Department at the com NHSS for possible prosecution white a copy should be sent to Main Registry at the NHSS or Commands for purpose of future cross referencing. At the Commands, after vetting by the PSO DLS, a duplicate Case File should be forwarded to the State’s Attorney General (AG) for prosecution. Only when a charge has been filed in Court and a date fixed for arraignment of the accused person(s), should the original Case File be forwarded to the AG and that should be upon a written request by the AG.
In addition to any other function vested on the LSD or the PSO
DLS of Commands, the LSD or PSO DLS shall.
a. Coordinate all legal aspects of an investigation; and b. Provide
commencement to conclusion of the investigation; and
c. vet all case files and investigation reports with a view to ensuring
that all legal loopholes are plugged;
d. determine by way of legal opinion in writing to the Director, SDS or
appropriate authority, whether the Case File contains sufficient material evidence to warrant prosecution, and if not recommend practical steps to the acquisition of the required evidence;
e. handle the prosecution of the case, and in the absence of a legal
authority to prosecute the particular case, process the Case file to the Attorney-General of the State or of the Federation as the case may be, for prosecution; and
f. facilitate the procurement of all instruments or warrants as required
in the course of investigation. All legal instruments such as Arrest Warrants, Detention Order Search Warrant and Remand Warrant obtained without due process are hereby prohibited.
Under no circumstances should any Directorate process or
Command forward a Case File or the request to the Office of the Honourable Attorney General of the Federation except through the LSD. At the State Command, the SDS or the ADSes on the authority of the SDS, may forward a Case File to the State’s Attorney General, subject to the vetting of the Case File and consequent written opinion of the PSO DLS endorsing the prosecution of the case.
Except there is a legal opinion to the contrary from LSD, all
suspects SHALL be charged to Court, which will in turn remand them in Service custody or any other appropriate institution, to enable further investigation.
Fundamental to the integrity of any security investigation is the
ability of Witnesses to ultimately testify or give evidence in Court in a free, accurate and impartial manner. The interest of justice and the integrity of the investigative process of the Service require that steps be taken to give effective protection and support to Witnesses and others at risk due to testimony provided during trials. Adequate arrangement must be made to ensure the physical and mental wellbeing of Witnesses, in order to avoid adverse circumstances which may create a disincentive for them to come forward and testify or volunteer information.
Accordingly, and for this purpose, there shall be established in the
Service, Witness Protection Program (WPP) to be managed by a Witness Management and Support Committee (WMSC), which shall come into force as soon as there is an investigation. At the NHSS, the Committee shall be headed by the Assistant Director Operation Support (ADOS) and membership shall include the PSO Legal (NHSS), the PSO INV, the Case Officer, and any other personnel that the DGSS shall deem necessary. At the State Commands and Base Command Lagos (BCL), the WMSC shall be headed by the ADS O/l and AD Security respectively, while membership shall include the PSO DLS, the PSO OPS Support, Case Officer and any other staff officer that the Director or SDS shall deem necessary. At the NHSS, the WMSC shall report directly to the DO and at the Commands, to the SDS.
The primary responsibility of the WMSC shall be to make practical
arrangement for pre-trial, trial, and post protection and services for witnesses.
“Protection” referred to above in respect of the Witness may
include relocation, accommodation and change of identify as well as financial support, to ensure the security of witnesses or to facilitate their re- establishment or becoming self-sufficient.
It shall be the responsibility of the DO at the NHSS and the SDS at
the State Commands to determine on the recommendation of the WMSC, the admissibility of any particular witness into the program. The determination shall be based on the following:
a. the nature of the risk the witness is exposed to; b. the danger to the Community if the witness is not admitted into
c. the nature of the investigation or prosecution involving the
witness and the importance of the witness in the matter;
d. the likelihood of the witness being able to adjust to the program,
have regard to the witness maturity, judgement and other personal characteristics as well as the disposition of the witness family;
e. the cost of maintaining the witness in the program; f. alternate methods of protecting he witness without admitting the
Witness into program; and such other factors as the DO or SDS may determine.
Acceptance of the protection program by any witness shall be
voluntary and negotiated by way of a “Protection Agreement. A Protection Agreement shall include the following obligations:
a. on the part of the Service to take such reasonable steps that are
necessary to provide the protection referred to in the agreement, for the witness; and
b. on the part of the witness; i. to give the information or evidence or participate as required in
relation to the inquiry investigation or prosecution for which the protection provided under the agreement is given; ii.
to meet all financial obligations incurred that are not in the terms of the agreement; to meet all legal obligations including any obligation regarding the custody and maintenance of wife and/or children; to refrain from activities that constitute an offence against the Law or that might compromise his own security, that of other witness(es) and his own obligations;
to take all necessary steps to avoid detection by others of the facts concerning the services provided for him und the program;
to cooperate with all reasonable and lawful requests of WMSC members and other Operatives directly involved in the investigation and prosecution of the case for which he is to testify or has testified;
to make a sworn statement of all outstanding legal obligations, including those concerning child custody; and to regularly inform the appropriate program officials of the contacts and current address.
These shall be Short Term or Long Term.
witnesses shall receive protection through the use f
pseudonyms to prevent their identity from being revealed unless the witness otherwise requests. The WMSC shall designate Safe Houses with adequate comfort for the protection and care of witnesses under
the program. However, other means apart from custody should be considered depending on the sensitivity of the case. In this case, it can be agreed with a witness that the should appear to the outside world that he is a prime suspect in another case other than the one he is testifying in. he can then be granted bail under this cover, to distract attention from the case in which he is a witness. The WMSC shall arrange medical support and psychological counseling if necessary.
Prior to the trial, WMSC shall arrange a pre-trial briefing where
examination of the witness simulated. Proper liaison with the prosecutor and the Court should be maintained to ensure that protected witnesses give evidence in-camera. The identity of witnesses may be protected by a range of methods including voice distortion, testifying behind a screen and ensure of all identifying information from the Court record. The WMSC shall ensure that the witness is protected from contact with observers of Court proceedings.
lf the use of Service’s suspect vehicle to convey the witness to
Court will lead to the exposure of his identity, an unmarked car shall be used. At any rate, extra care shall be taken to choose a clear pathway and to ensure that there exists a clear path before transporting witnesses.
Where a witness who has been in custody desires to return home
after testifying, the WMSC shall transport the witness to his or her home and he or she shall be given telephone numbers to contact if there is any problem on return home. The length of time before a
witness returns home shall form part of the Protection Agreement and this may vary, but the decision to return home shall be made with due consideration for the witness’ desire. The WMSC shall conduct at least one (1) follow-up visit to a witness once he or she has returned home to evaluate his or her condition, psychological support and security requirement.
In exceptional cases, when it is assessed that a witness might
suffer grave danger after trial if he retains his original identity, such witness shall be given a new identity. Accordingly, upon approval of the DGSS, the Service in liaison with relevant Government Agencies shall:
a. provide suitable documents to enable the witness establish a new
b. provide housing for the witness; c. provide for the transportation of household furniture and personal
property to a new residence;
d. provide the witness payment to meet basic living expenses, at a
rate established in accordance with the Service’s financial regulation for such period as the DGSS determines;
e. assist the witness in obtaining employment; f. provide
other Services necessary to assist the witness in
g. authorize expenditure through WMSC to ensure the safety and
security of the witness and/or the witness residence and/or the witness’ place of business; and
and/or provide other
reasonably intended to provide for the health, safety, security and welfare of the witness.
The DGSS, upon the recommendations of the Director of SDS,
may authorize the termination of the Protection Agreement if the Service has evidence that there has been:
a. A material misrepresentation or a failure to disclose information
relevant to the admission of the witness to the program; or
b. A deliberate or material contravention of the obligations of the
witness under the Protection Agreement; and
c. If the witness is deemed to be safe, or he assures that he is
secured enough not to be protected again.
The Service shall, before terminating the protection provided to a
witness, cause reasonable steps to be taken to notify the witness and allow him/her make representations concerning the matter.
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