“The dismissal of the Director General of the Department of State Services (DSS) Mallam Lawal Daura by the presidency is one of the best things to have happened in the last three years even as the removed DG of DSS must be prosecuted for treason and attempted takeover of government.”
With the above affirmation, the prominent Non-Governmental Organization – HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) commended President Muhammadu Buhari and the acting President Professor Yemi Osinbanjo for swiftly adopting measures to bring to an end the grave threat to democracy.
“We are delighted to read that the Acting President on the directive of President Muhammadu Buhari has removed from office the Director General of DSS for the illegal invasion of the National Assembly which amounted to a travesty of the principle of rule of law.
“This action of the presidency has indeed prevented the imminent total collapse of constitutional democracy which the invasion of the National Assembly by the armed security forces amounted to. We must safeguard democracy.”
HURIWA recalled that Section 1 and 4 of the constitution stated thus:
“Section 1 (1,2):- This constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria; The Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the government of Nigeria or any part thereof, except in accordance with the provisions of this constitution.
HURIWA said the constitution does not permit such unconstitutional invasion of the Federal parliament because Section 4:- states that: “The legislative powers of the federal Republic of Nigeria shall be vested in a National Assembly for the Federation which shall consist of a Senate and a House of Representatives; The National Assembly shall have power to make laws for the peace, order and good government of the Federation or any part thereof with respect to any matter included in the Exclusive Legislative List set out in Part 1 of the Second Schedule of this constitution; The power of the National Assembly to make laws for the peace, order and good government of the Federation with respect to any matter included in the Exclusive Legislative List shall, save as otherwise provided in this constitution, be to the exclusion of the Houses of Assembly of States; In addition and without prejudice to the powers conferred by subsection (2) of this section, the National Assembly shall have power to make laws with respect to the following matters, that is to say :- any matter in the concurrent legislative list set out in the first column of part II of the Second Schedule to this constitution to the extent prescribed in the second column opposite thereto; and any other matter with respect to which it is empowered to make laws in accordance with the provisions of this constitution.”