DSS/EFCC Faceoff: Document Reveals Why EFCC Can’t Probe DSS, NIA, Others

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The Instrument Number 1, of the Department of State Services, (DSS), now an Act of the National Assembly, which was signed into law by former Head of State, General Abdusalami Abubakar (rtd), bars the organisation from submitting its books to any other agency in the land except the President and the Commander-in-Chief of the Armed Forces.

The Instrument, now cited as Cap 278, Laws of the Federation of Nigeria 1999, which was signed into law on May 13, 1999 indicates that the Director General of the DSS will only submit its books to the President, Commander-in-Chief of Armed Forces.

The law encompasses the activities and operations of five other security agencies including and it is also cited as the National Security Agencies Act (Cap 278).

The Instruments contained in the Act include Instrument No NSA 1; Instrument No NSA 2; Instrument DIA1; Instrument No NIA 1; and Instrument No SSS1.

Recall that the Economic and Financial Crimes Commission (EFCC) has been at loggerheads with the DSS form weeks now following attempts to probe the alleged involvement of the Service in the $2.1 billion arms deal, popularly called Dasuki gate.

The service last week resisted attempts by the EFCC to arrest its former Director General, Ita Ekpeyong alongside the former DG of the National Intelligence Agency (NIA) Ambassador Femi Oke.

The DSS Instrument No.1 indicated that the Director General is responsible to the President, Commander In Chief of the armed Forces for the proper expenditure and accounting of all funds made available to the service from the security Vote or any other source.

It also states that: “The accounts 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.

The Service Instrument also states that: “If any existing Service
Regulation is inconsistent with the provisions of this instrument, the
provisions of this Instrument shall prevail and that regulation, shall
to the extent of the inconsistency, be void.”

 

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