Special Report
DSS bars operatives from arresting people over civil matters

The Director-General of the Department of State Services (DSS), Oluwatosin Ajayi, has directed operatives of the agency not to arrest anyone over civil matters.
Ajayi disclosed this in a media interview on Thursday, saying the directive was part of measures to strengthen adherence to the rule of law and improve the agency’s human rights record.
The DSS boss said that since assuming office, he had introduced reforms across five broad areas: law enforcement, inter-agency synergy, accountability, respect for human rights, and infrastructural and administrative reforms aimed at improving operational efficiency.
According to him, the reforms had also resulted in a clearer distinction between civil and criminal matters within the agency.
Ajayi said his career experience had shown that the DSS previously conflated the two areas, 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.
He cited the case involving political economist, Prof Pat Utomi, over allegations relating to an attempt to establish a “shadow government”, saying the DSS opted to seek judicial interpretation rather than arrest 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 pursued in court 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 replied, “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.
“I call you guys our professional colleagues. The only difference is that, while you inform the public, we inform the Government. And because we inform the Government, our information is classified until we declassify it.”

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