DSS bosses barred operators from making arrests over civil disputes

The Director-General of the Department of State Services, DSS, Oluwatosin Ajayi, has directed his agents to desist from making arrests in connection with civil disputes, insisting that the matter should be dealt with through the courts.

Ajayi revealed the directive in an interview with the media on Thursday, and said that the decision was part of ongoing reforms aimed at strengthening the rule of law, promoting accountability and enhancing respect for human rights within security agencies.

Since taking office, the DSS chief said he has undertaken reforms covering five key areas, including law enforcement, inter-agency cooperation, accountability, human rights, as well as infrastructure and administrative improvements designed to improve the agency’s operational efficiency.

According to Ajayi, one of the main outcomes of these reforms is a clearer understanding of the differences between civil and criminal cases. He noted that, based on his experience at the agency, the two had previously been treated in a way that sometimes blurred their differences.

He emphasized that coercive action should not be used in resolving civil disputes.

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“The use of violence cannot be applied in civil cases. Even some criminal cases do not require violence,” he said.

Ajayi cited the case involving political economist, Prof. Pat Utomi, who was accused of trying to form a “shadow government,” as an example of how the agency would rather seek legal interpretation than make arrests.

“Instead of arresting him, we sought judicial interpretation. And the Court ruled that his escapades were unconstitutional, illegal, and a threat to national security,” he added.

The DSS Director General also referred to the case involving the Socio-Economic Rights and Accountability Project, SERAP, which was taken to court over allegations that two DSS agents raided the project site.

According to him, the matter was resolved through legal proceedings without any arrests being made, while the court ultimately awarded over N100 million to support the organisation.

When asked whether the DSS has now adopted the courts as its preferred channel for resolving civil disputes, Ajayi gave a direct response, reiterating his instructions to the agency’s personnel.

“Yes. I have told my people that there should be no arrests in any civil case. And I’m sure you already know that, even in cases involving journalists, we prefer to go to court because we do the same job.

“I call you our fellow professionals. The only difference is, when you tell the public, we tell the Government. And because we tell the Government, our information is kept secret until we declassify it.”

This directive signals a significant policy position from DSS leadership as the agency seeks to strengthen legal processes and draw a firmer line between civil disputes and matters requiring criminal law enforcement action.