By NaijaonpointOnline
The Director-General of the Department of State Services (DSS), Oluwatosin Ajayi, has directed officers and operatives of the agency to refrain from arresting individuals over matters that are purely civil in nature.
Ajayi said the directive was part of a broader reform programme designed to strengthen adherence to the rule of law, safeguard fundamental human rights and enhance accountability within the intelligence agency.
The DSS Director-General disclosed this during a media interview on Thursday, explaining that the agency under his leadership had introduced measures aimed at improving law enforcement practices, inter-agency coordination, accountability and administrative efficiency.
According to him, one of the key areas of reform is the clearer distinction between civil disputes and criminal offences.
Ajayi noted that his experience within the DSS had shown that civil and criminal disputes were, in some instances, previously handled in similar ways, resulting in the deployment of security powers in situations that ought to have been addressed through appropriate legal or judicial channels.
He maintained that the use of force should not be employed in resolving civil disputes, adding that even in some criminal cases, arrest or the use of force may not necessarily be the most appropriate response.
The DSS boss cited the controversy surrounding constitutional lawyer, Prof. Pat Utomi, over allegations relating to plans to establish a “shadow government” as an example of the agency’s new approach.
Rather than arresting Utomi, Ajayi said, the DSS approached the court to seek judicial interpretation of the matter. The court subsequently ruled on the alleged plan, declaring it unconstitutional and illegal and holding that it posed a threat to national security.
He also referred to the legal dispute involving the Socio-Economic Rights and Accountability Project (SERAP), which had accused two DSS operatives of invading its premises.
According to Ajayi, the DSS did not resort to arrest in response to the dispute but allowed the matter to be determined through the judicial process. He said the court eventually awarded more than N100 million in favour of SERAP.
The DSS Director-General further disclosed that the same principle would apply to matters involving journalists.
He said the agency would favour judicial intervention where necessary instead of using its arrest powers in disputes that do not amount to criminal offences.
Ajayi also described journalists as professional partners of the DSS, explaining that while journalists have the responsibility of providing information to the public, the DSS provides intelligence and information to the government, much of which remains classified until officially authorised for release.
The DSS chief’s position reflects an apparent effort to strengthen the agency’s reliance on due process and judicial mechanisms while limiting the use of its coercive powers to situations where such powers are legally justified.
The directive could also mark a significant shift in the handling of disputes involving individuals, organisations and the media, particularly where no clear criminal offence has been established.