THE IMPACT OF HUMAN RIGHTS LAWS ON SECURITY

OPERATIONS

 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:

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a. 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:

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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 non-
military 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;

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 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.

 People 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.

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 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

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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.

 In 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

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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

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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

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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:
i. Supervision of the Guard Unit in the handling of detained
persons;
ii. ii. Coordination of welfare arrangements for detained persons;
iii. Allocation of appropriate accommodation within OSF for
detained persons;

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iii. 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.

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 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

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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.

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 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.

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 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;

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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

detention and shall be given all reasonable facilities for

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.

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 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.

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 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.

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 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.

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 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.

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 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

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 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

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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:

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“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

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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.

 In 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.

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 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.

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 “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

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e. full portrait —front view
f. Quarto size-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 wallet-
type 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

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Case Officer shall be provided with a copy of the case opening
documents.

 The following case management steps during investigation should

be observed;
a. Eliminate extraneous materials while concentrating on only those

necessary to conduct a complete and thorough investigation;

b. Documents shall be organized in manner that enables
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.

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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 legal guidance to the investigators from the

commencement to conclusion of the investigation; and

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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.

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 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 well-
being 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.

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 “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

the program;
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

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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;
iii. to meet all legal obligations including any obligation
regarding the custody and maintenance of wife and/or children;
iv. 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;
v. to take all necessary steps to avoid detection by others of
the facts concerning the services provided for him und the
program;
vi. 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;
vii. to make a sworn statement of all outstanding legal
obligations, including those concerning child custody; and
viii. to regularly inform the appropriate program officials of the
contacts and current address.

 These shall be Short Term or Long Term.

 All 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

33
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

34
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

identity;
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

becoming self-sufficient;
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
h. authorize other expenditure and/or provide other services
reasonably intended to provide for the health, safety, security and
welfare of the witness.

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 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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