DSS bans arrest over civil matters, orders operatives to seek court intervention

The Director-General of the Department of State Services (DSS), Oluwatosin Ajayi, has directed operatives of the agency to stop arresting individuals over civil matters.

Ajayi disclosed this during a media interview on Thursday, explaining that the directive was part of ongoing reforms aimed at strengthening respect for the rule of law and improving the agency’s human rights record.

He said that since assuming office, he had introduced reforms across five key areas: law enforcement, inter-agency cooperation, accountability, respect for human rights, and infrastructural and administrative improvements to enhance operational efficiency.

According to him, the reforms had also helped the DSS establish a clearer distinction between civil and criminal matters.

Ajayi said his career experience showed that the agency had previously blurred the line between the two, 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 surrounding an attempt to establish a “shadow government”, saying the DSS chose 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.

Ajayi also referenced a case involving the Socio-Economic Rights and Accountability Project (SERAP), which had approached the court over allegations that two DSS operatives invaded its premises.

He said the matter was handled through the courts without any arrest and that the court eventually awarded more than N100 million in favour of SERAP.

Asked whether the DSS now relies on 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.

“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.”