The National Association of Polytechnic Students (NAPS) has commended the Department of State Services (DSS) for suspending the prosecution of the African Action Congress (AAC) presidential candidate, Omoyele Sowore, until after the 2027 presidential election.
NAPS described the decision as a demonstration of democratic restraint, fairness and commitment to the rule of law.
It argued that no presidential candidate should be placed at a procedural or institutional disadvantage because of pending criminal proceedings during an election period.
The association, in a statement issued in Abuja, yesterday, by its national president, Comrade Jimoh Ibrahim Ajadi, said the decision by the director-general of the DSS, Oluwatosin Adeola Ajayi, would help strengthen confidence in the neutrality and integrity of the electoral process.
According to NAPS, the suspension was consistent with democratic principles and international standards which guarantee citizens the right to participate freely in political activities and elections.
It cited the ECOWAS Supplementary Protocol on Democracy and Good Governance, the African Charter on Democracy, Elections and Governance, the AU Declaration on the Principles Governing Democratic Elections in Africa, the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights.
The students’ body also commended Ajayi for what it described as his commitment to due process and lawful exercise of institutional powers since assuming office on August 28, 2024.
NAPS said the DSS leadership had demonstrated this commitment through the release of persons allegedly detained in error and the payment of over N300 million in compensation to affected persons.
It also cited the handling of politically sensitive matters, including proceedings involving Professor Pat Utomi over his advocacy for the establishment of a “Shadow Government,” as evidence of the Service’s preference for legal and judicial mechanisms over indiscriminate use of state power.
The association further praised the DSS for its role in the fight against terrorism and insurgency, particularly the arrest of high-profile terrorist suspects and the prosecution and conviction of terrorists.
It said the achievements reflected the effectiveness of intelligence-led operations, inter-agency cooperation and adherence to the rule of law.
NAPS also urged the DSS to sustain its policy of investigating personnel who violate established procedures or rules of engagement, saying accountability within the security architecture was necessary to strengthen public confidence in the Service.
On the claim by Sowore and his lawyers that the DSS lacked prosecutorial powers and that the matter should be handled by the Attorney-General of the Federation, NAPS said the issue required a distinction between the DSS’s independent constitutional powers and prosecutorial authority lawfully delegated to it.
The association argued that although the DSS does not possess an independent constitutional power of prosecution, it could prosecute a matter where it had been validly authorised by the appropriate prosecuting authority.
“It is important to emphasise that the suspension of the prosecution should not be misconstrued as placing anyone above the law or as an abandonment of the pending proceedings,” NAPS said.
According to the association, the case could continue after the election in accordance with due process and applicable laws.
It maintained that the decision to defer the prosecution was a prudent and confidence-building measure that would prevent the electoral process from being unnecessarily complicated by legal proceedings involving a presidential candidate.
NAPS said the move would help ensure that all candidates competed under substantially equal conditions, while allowing voters to make their choices without fear, favour or undue institutional influence.
The association therefore urged stakeholders to support measures capable of guaranteeing a free, fair, peaceful, transparent and credible 2027 presidential election.
It added that the DSS decision demonstrated that national security and democratic principles could be pursued simultaneously when state institutions operated within the boundaries of the law.
