Officers Liasic

8/14/2019 Officers Liasic

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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 laymans 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 carriedout 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 thepromotion 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 thepresence 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 beappointed 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 persons 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 hisavailability 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. Thisis 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) asPSO 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 receiptof 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 orinterview 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 detainedpersons, 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 Serivces Medidcal Unit as confidential,

records of which shall be kept separately by the Medical Unit.

The Medical Unit, whether in NHSS or Commands shall makemandatory 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 persons 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 Services

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 ofcompetent 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 persons

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 DPDat 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 anexception 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 forthe 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; Ib. 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 persons

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 besubjected 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 towrite 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 theState 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 Iwish. 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 berequired to certify the listed items, or If the search was conducted in

his absence, a next door neighbour or executive member of the

streets 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 listeditems.

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 Directoror 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 arrivalat 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 becomesnecessary. 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 anddated. 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

investigators 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 investigators 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 theCommands, after vetting by the PSO DLS, a duplicate Case File

should be forwarded to the States 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 orCommand 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 States 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 OperationSupport (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 staffofficer 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 ofother

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 theinvestigation 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 orLong 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

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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 thewitness is protected from contact with observers of Court

proceedings.

lf the use of Services 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 clearpathway 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

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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.