DSS chief bans arrests over civil disputes

Nigeria’s Department of State Services has drawn a line between civil disputes and criminal cases, with Director-General Oluwatosin Ajayi telling operatives that civil matters must not lead to arrest.

Ajayi said the directive forms part of reforms introduced since he took office across law enforcement, cooperation with other agencies, accountability, human rights, and administrative and infrastructure changes. He said the reforms had created a clearer distinction between civil and criminal matters inside the agency.

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You cannot apply the use of force in civil matters. Even some criminal matters don’t require force.

His own career experience, he added, showed that the DSS had previously blurred the two areas. “You cannot apply the use of force in civil matters. Even some criminal matters don’t require force,” he said.

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Rather than arrest him, we sought judicial interpretation. And the Court ruled that his adventure was unconstitutional, illegal, and a threat to national security.

Ajayi pointed to the case involving constitutional lawyer Prof. Pat Utomi, who faced allegations linked to an attempt to establish a “shadow government.” Instead of arresting Utomi, the DSS sought a judicial interpretation, after which the court ruled that the effort was unconstitutional, illegal and a threat to national security.

He also referred to a case brought by the Socio-Economic Rights and Accountability Project over allegations that two DSS operatives invaded its premises. The case proceeded in court without an arrest, and the court later awarded SERAP more than N100 million. “Yes. I have told my people that there should be no arrest in any civil case,” Ajayi said. He added that the agency would prefer the courts even in cases involving journalists, whom he called its “professional colleagues.”

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Yes. I have told my people that there should be no arrest in any civil case.