A Senior Advocate of Nigeria, Ebun-Olu Adegboruwa, has said the Department of State Services is not empowered by law to file charges in court.
Adegboruwa made this remark when he appeared on Channels Television’s Sunrise Daily programme on Thursday monitored by PUNCH Metro.
According to the legal practitioner, the Attorney General of the Federation is the chief law officer of the federation, and whatever legal issues as regards terrorism, or insurgency it has to be done through his office.
He, however, noted that the AGF is empowered by law to delegate its power to the DSS, and other security agencies to prosecute non-state actors.
He said, “Under our system, section 174 of the constitution gives the Federal Attorney General powers for the prosecution of all criminal offences, terrorism, insurgency, kidnapping, whatever it is and he has the power to institute those proceedings and he has the powers to prosecute them.
“But you now see that under the Terrorism Prevention Act, the national counter-terrorism centre is also empowered to set up a legal team, that will assemble prosecutors, assemble experts to also filter intelligence and determine whether offences are committed, so you see the duplication of power in that regard.
“The AGF is the chief law officer of the federation, whatever you do, you do it through that office. He can delegate his power to prosecutors within the DSS, he can delegate his power to EFCC, he can delegate his powers to ICPC.”
