On Thursday, March 12th, 2020 the Department of State Services told a Federal High Court in Asaba, Delta State, presided by Justice Nnamdi Dimgba not to allow the public to see a letter in which President Buhari ordered them to take action against a trader, Anthony Okolie.

DSS arrested Okolie in July 2019 and detained him for ten (10) weeks for using a SIM card which was previously owned by the Buhari’s daughter, Hanan Buhari.

The trader subsequently sued the DSS, Hanan and telecommunications company, MTN, for N500m over his arrest and detention.

In a counter-affidavit filed by the DSS, the agency told the court that Okolie’s investigation was ordered by the Presidency, adding that it was the sensitivity of the case that led to his prolonged detention.

At the resumed hearing on Thursday, March 12th, the legal counsel for the DSS, E.E. Daubry, said every document the agency previously presented had found its way into the Internet, since the beginning of the court case.

Daubry, who is the DSS’ Principal Staff Officer, Legal Services, said the Presidency’s letter was sensitive which was not supposed to be seen by the general public.

He, therefore, requested Justice Dimgba to be permitted to tender the letter to the court only.

Daubry said,

My lord before I go to the written address, may I draw your attention to paragraph 28. We did depose to the fact that the Presidency ordered the investigation but due to the classification of that letter, we did not attach it. And my lord will take notice that every process or processes filed in this case has found their way into the internet including Facebook.

So, to protect the classification, we didn’t attach it otherwise it would have gone public but we brought it to court and we deposed to the fact that we can show my lord, we can show it to the court but we have it here. I am saying with the discretion of the court, I apply to show it to the court.

Okolie counsel, Tope Akinyode, however, objected to the DSS’ lawyer’s application, describing it as an ambush.

Furthermore, Akinyode argued that the court was a public place and any document presented as evidence could be accessed via a request for a certified true copy.

He said,

We are objecting to that application. The argument of the first respondent (DSS) that the document is classified and cannot be attached is very watery because the court is a public place that can be accessed by the public.

The documents filed in court are public documents and anyone can apply for CTC. My lord, the first respondent cannot lay an ambush on us. The practice, the essence of frontloading of documents is that you don’t bring a document in court that can jeopardise us without us having knowledge of it then what is the essence of justice? My lord, our humble application will be that the court should order them to serve that document on us.

Justice Dimgba agreed with the applicant, adding that it was wrong for the DSS’ counsel to present a new document without first letting the other party see it.

He said Akinyode, at least, could have been shown the letter by the DSS.

The judge ruled the DSS’ claim in an affidavit that the Presidency ordered the plaintiff’s arrest was sufficient and that the court didn’t need the letter.

To be honest with you, it is neither here nor there. If the court is worthy of seeing it, then so is the applicant,

Dimgba said.

The DSS was in agreement with the court’s ruling and subsequently withdrew its application to show the court the Presidency’s letter.

My lord, the challenge we have is that virtually everything is on the internet. Even if we didn’t attach it, it doesn’t matter. We withdraw the application my lord,

Daubry said.

The judge conceded that the case was a sensitive one and there was need for both parties to be careful.

He said,

It is just because of the nature of this suit. The point you made about everything going to the internet. Even I have to be on my guard as well. It is also a learning process. You could have allowed the applicant to see the letter even if it was in camera. If the court looks at it, he should also have a chance to see it.

The case was adjourned till April 1st, 2020 for judgement.

Justin Nwosu

Justin Nwosu is the founder and publisher of Flavision. His core interest is in writing unbiased news about Nigeria in particular and Africa in general. He’s a strong adherent of investigative journalism, with a bent on exposing corruption, abuse of power and societal ills.