The Department of State Service and the Abuse of Investigative Powers: Taming the Behemoth in the Interest of the Rule of Law

Abstract

This paper critically examines the legal frameworks regulating the Department of State Services (DSS) also known as State Security Service (SSS) in Nigeria, highlighting concerns regarding the abuse of investigative powers and the implications for human rights and the rule of law. It explores the National Security Agencies Act of 1986 and the Constitution of the Federal Republic of Nigeria 1999 (as amended 2023), which outline the DSS’s mandate and the limits of its authority. The paper also analyses the regulatory supervision of the DSS by the National Assembly, the President, and the Judiciary, emphasizing the need for independent checks on the agency’s broad powers. Through case studies, the paper illustrates how the DSS has exceeded its legal boundaries, violated fundamental human rights, and undermined the separation of powers. The cases highlight a pattern of executive overreach, raising concerns about accountability and transparency in the agency’s operations. The paper argues for comprehensive reforms to ensure that the DSS operates within legal and constitutional limits while balancing national security with civil liberties. Proposed reforms include establishing independent oversight panels, strengthening judicial review, enhancing transparency, and clarifying the DSS’s legal mandate. Ultimately, these measures aim to restore public trust, uphold the rule of law, and prevent the DSS from operating beyond its constitutional authority while ensuring Nigeria’s security interests are protected responsibly. To achieve the above, this paper adopts the doctrinal research methodology by analyzing and interpreting legal doctrines, principles of law, and rules found in primary legal sources like statutes, case laws, and regulations.