The Director-General of the Department of State Services, Oluwatosin Ajayi, has directed DSS operatives not to arrest anyone over civil matters.
Ajayi said the directive was part of reforms aimed at strengthening respect for the rule of law and improving the agency’s human rights record.
He said the reforms had created a clearer distinction between civil and criminal matters within the DSS, stressing that the use of force was inappropriate in civil disputes.
“You cannot apply the use of force in civil matters. Even some criminal matters don’t require force”. he said.
Ajayi cited the case involving political economist, Prof Pat Utomi, over allegations concerning an attempt to establish a “shadow government”. He said the DSS opted to seek judicial interpretation instead of arresting him.
“Rather than arrest him, we sought judicial interpretation. And the Court ruled that his adventure was unconstitutional, illegal, and a threat to national security”, he added.
He also referred to a case involving the Socio-Economic Rights and Accountability Project, SERAP, saying the organisation approached the court over allegations that two DSS operatives invaded its premises.
Ajayi said the matter was handled through the courts without any arrest, adding that the court eventually awarded more than N100 million in favour of SERAP.
Asked whether the DSS now resorts to the courts in civil matters, Ajayi said, “Yes. I have told my people that there should be no arrest in any civil case. And I’m sure you have found out that, even in cases involving journalists, we would rather approach the court because we do the same job”.
