The Director-General of the Department of State Services (DSS), Oluwatosin Ajayi, has directed operatives of the agency to refrain from arresting individuals over civil disputes as part of ongoing reforms aimed at strengthening respect for the rule of law and improving the service’s human rights record.
Ajayi disclosed this in a media interview on Thursday, where he outlined reforms introduced since he assumed office. According to him, the changes are focused on five key areas: law enforcement, inter-agency collaboration, accountability, respect for human rights, and infrastructural and administrative reforms designed to improve the agency’s operational efficiency.
The DSS Director-General explained that the reforms had also helped the agency establish a clearer distinction between civil and criminal matters, an area he said had previously been blurred in the course of law enforcement.
Drawing from his professional experience, Ajayi acknowledged that civil and criminal disputes were at times conflated in the past, stressing that the use of force should never be employed in resolving civil disagreements.
“You cannot apply the use of force in civil matters. Even some criminal matters don’t require force,” he said.
Ajayi pointed to the case involving political economist Professor Pat Utomi over allegations concerning an attempt to establish what was described as a “shadow government.” Rather than arrest Utomi, the DSS sought judicial interpretation of the matter, allowing the courts to determine whether the alleged action constituted a threat to national security.
According to Ajayi, the court subsequently ruled that Utomi’s alleged “adventure” was unconstitutional, illegal, and posed a threat to national security.
He also cited a legal dispute involving the Socio-Economic Rights and Accountability Project (SERAP), which had approached the court over allegations that two DSS operatives invaded its premises.
Ajayi said the agency pursued the matter through the courts instead of making arrests, adding that the court eventually awarded more than N100 million in favour of SERAP.
The DSS chief stressed that the development reflected a broader shift in the agency’s approach to civil disputes, with the courts increasingly being used as the appropriate avenue for resolving such matters.
Asked directly whether the DSS now resorts to the courts in civil cases, Ajayi responded in the affirmative, saying he had issued clear instructions to his operatives that no one should be arrested over a civil matter.
He further explained that the directive also applied to interactions between the DSS and journalists, noting that both institutions perform important information-related roles, although their responsibilities differ.
“I call you guys our professional colleagues. The only difference is that, while you inform the public, we inform the government,” Ajayi said.
He explained that information gathered by the DSS is classified because of its role in advising and informing the government, adding that such information remains confidential until the agency decides to declassify it.
The directive represents a significant emphasis on due process within the DSS, particularly in distinguishing matters requiring criminal enforcement from disputes that should be addressed through civil legal proceedings.
It also underscores Ajayi’s stated commitment to strengthening accountability, human rights protection, and adherence to the rule of law within the agency.
WHAT YOU SHOULD KNOW
The DSS says it will no longer arrest individuals over civil disputes, directing operatives to rely on the courts instead. The move is part of broader reforms aimed at strengthening the rule of law, protecting human rights, and ensuring a clear separation between civil and criminal matters.
