Yusha’u Sani Yankuzo, Esq.
The viral video showing operatives of the Department of State Services (DSS) restricting members of the public, including lawyers, from accessing the Federal High Court during the trial of Omoyele Sowore is not merely a matter of security arrangement; it is a disturbing reflection of the dangerous possibility of security agencies interfering with the sacred space of justice.
A courtroom is not a private territory controlled by security operatives. It is a constitutional institution where the rights of citizens are protected, disputes are resolved, and the government itself is subjected to the discipline of the law. When a security agency begins to determine who can enter a courtroom and who cannot, the question must be asked: has the DSS become the gatekeeper of justice?
Under the 1999 Constitution of the Federal Republic of Nigeria (as amended), the Constitution is supreme. Section 1(1) clearly provides that its provisions bind all authorities and persons throughout Nigeria. No institution, including the DSS, has the power to act outside the limits imposed by the Constitution.
Section 36(1) of the Constitution guarantees every person the right to a fair hearing by a court established by law. A fair hearing cannot exist in an atmosphere of intimidation, restriction, or unnecessary barriers placed around judicial proceedings.
More importantly, Section 36(3) provides that court proceedings shall be held in public except where the law allows otherwise. This constitutional guarantee represents the principle of open justice, the idea that justice must operate in the full view of the people and not behind the shadows of secrecy or excessive state control.
The court belongs to the people, not to the security agencies.
The DSS derives its powers from the National Security Agencies Act, Cap N74, Laws of the Federation of Nigeria 2004. Its mandate is to protect internal security and safeguard the nation.
That mandate does not empower it to obstruct lawyers, intimidate citizens, or create an atmosphere where access to the judiciary depends on the discretion of security officials.
Security agencies are created to protect democracy, not to supervise it.
Lawyers are officers of the court. Preventing legal practitioners from gaining access to judicial proceedings without lawful justification undermines the administration of justice and attacks the constitutional role of lawyers in defending citizens’ rights.
The independence of the judiciary cannot survive where armed agents of the state stand at the entrance of courts deciding who may witness justice. A court surrounded by fear and controlled access sends a dangerous message: that power may stand above law.
The African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9, Laws of the Federation of Nigeria 2004, also protects fundamental freedoms, including the right to a fair hearing and protection from arbitrary actions of public authorities.
Nigeria’s democracy was founded on the principle that government institutions must be accountable to the people. The presence of security agents must never become a tool for suppressing transparency, intimidating citizens, or weakening public confidence in the judiciary.
The DSS must be reminded that it is not a fourth arm of government. It is not a judicial authority. It cannot determine the boundaries of justice. Its duty is to serve within the law, not to stand above it.
The events captured in the viral video should concern every Nigerian who believes in constitutional democracy. Today it may be one courtroom, one trial, or one group of citizens. Tomorrow, the same unchecked power may threaten the rights of many more.
A nation where security agencies control access to justice is a nation where democracy is in danger.
The courtroom must remain a sanctuary of law, not a checkpoint of power.
