Falana Asks New DSS Chief to Release Dasuki, Others

A human rights lawyer and Senior Advocate of Nigeria (SAN), Mr. Femi Falana, has written a letter to the new Acting Director General of the Department of State Service (DSS), Matthew Seiyefa, informing him that many Nigerians are still in custody of the secret police without trial and despite court orders for their unconditional release.

Acting President Yemi Osinbajo asked Seiyefa to lead the DSS in acting capacity after firing Lawal Daura.

Osinbajo has been hailed for choosing Seiyefa, an intelligence chief seen as a near-opposite of his predecessor in terms of how each understands the role of law enforcement under a democratic dispensation.

He gave strong indications that he would not toe the path of his predecessor at a maiden press briefing last Thursday.

Falana, in the letter dated August 10, reminded Seiyefa of his promises and urged him to start living up to them by ordering immediate release of some detained persons, some of whom are his clients.

“We are however compelled to draw your attention to the fact that our law firm has had a running battle for the last three years with Daura as a result of the incessant arrest and detention of Nigerian citizens and foreigners without trial. Some of the infringements of the human rights of criminal suspects and other persons perpetrated by Daura include the following:

“Apart frºm not obtaining orders from Magistrate Courts for the remand of suspects in line with section 293 of the Administration of Criminal Justice Act, Daura treated the orders of several courts for the release of detainees with contempt.

He became so power drunk that he harassed judges and lawyers who challenged his penchant for subverting the rule of law. At a stage we had to remind him that the brutal military dictators who trained minions like him did not succeed in cowing us into submission when we were fighting for the restoration of democratic rule in the country.

“Unfortunately, the public officers who have a bounden duty under the Muhammadu Buhari administration to call Daura to order have turned themselves into the defenders of his pompous impunity by making nebulous references to “national security” or “public interest.” Hence, Daura has willfully ignored the order of the federal high court made on December 2016 for their release of Sheik Ibraheem and Hajia Zeinab Elzakzaky from the illegal custody of the SSS.

“Even though Sheik Elzakzaky lost his right eye as a result of the injury sustained when he was shot by soldiers in Zaria on December 15, 2015, Mr. Daura rejected the recommendation of eye specialists that the detainee be flown abroad for medical treatment to prevent the loss of his left eye in the custody of the SSS. Mrs Elzakzaky who was also shot during the violent military attack has been denied access to medical experts who have offered to extract some bullets from her body. Thus, the SSS has subjected the couple to excruciating physical pain and mental agony in violation of their fundamental right to freedom from degrading treatment guaranteed by section 34 of the Constitution of the Federal Republic, 1999 as amended.

“As you are no doubt aware, Colonel Sambo Dasuki (rtd), a former National Security Adviser is standing trial for treasonable felony and corruption before the Federal High Court and the Federal Capital Territory High Court respectively. Although the defendant has been admitted to bail by both trial courts the SSS has continued to detain him without any legal justification. As if that is not enough the order of the Court of Justice of the Economic Community of West African States (ECOWAS) directing the federal government to release Dasuki on bail pending trial has also been treated with disdain by the DSS. Even though the defendant has not been charged with culpable homicide the defenders of Daura’s disobedience of court orders have belatedly turned round to accuse the defendant of being responsible for the death of over 100,000 people!”