The Director-General of the Department of State Services, DSS, Oluwatosin Ajayi, has directed operatives of the agency to desist from arresting individuals over civil disputes.
Ajayi said the directive is part of reforms introduced since he assumed office to strengthen adherence to the rule of law, improve the agency’s human rights record and clearly distinguish between civil and criminal matters.
Ajayi disclosed this in a media interview saying his reforms are focused on five broad areas: law enforcement, inter-agency synergy, accountability, respect for human rights, and infrastructural and administrative reforms.
He said his career experience showed that the DSS had previously conflated civil and criminal matters, stressing that the use of force is inappropriate in civil disputes. “You cannot apply 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”, saying the DSS opted to seek judicial interpretation rather than arrest him.
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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 said.
He also referred to a case involving the Socio-Economic Rights and Accountability Project, SERAP, which approached the court over allegations that two DSS operatives invaded its premises.
Ajayi said the agency pursued the matter through the courts without making any arrest, adding that the court eventually awarded more than N100 million in favour of SERAP.
“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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