Leadership of the National Association of Polytechnic Students, NAPS, say Presidential candidate of the African Action Congress, AAC, Omoyele Sowore is not above the law.
They were reacting to the decision of the Department of State Services, DSS, to suspend his trial on cybercrime charges until after the 2027 presidential election.
At the media conference, NAPS President, Jimoh Ibrahim Ajadi said “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.”
Below is the full statement read at the media conference:
NAPS WELCOMES SUSPENSION OF SOWORE’S PROSECUTION, HAILS DSS FOR DEMOCRATIC RESTRAINT AND COMMITMENT TO RULE OF LAW
Good afternoon, distinguished members of the Press, fellow Nigerians, and the Greatest Nigerian Students.
The leadership of the National Association of Polytechnic Students (NAPS) considers it necessary, as a responsible stakeholder in Nigeria’s democratic process and the voice of millions of students across the country, to publicly state our position on the decision of the Department of State Services (DSS) to suspend the prosecution of the African Action Congress (AAC) Presidential Candidate, Mr. Omoyele Sowore, until after the forthcoming 2027 Presidential Election.
We, the leaders of the National Association of Polytechnic Students (NAPS), on behalf of our members nationwide, commend the decision of the Director-General, Department of State Services (DGSS), Mr. Oluwatosin Adeola Ajayi, to suspend the prosecution of the African Action Congress (AAC) Presidential Candidate, Mr. Omoyele Sowore, until after the forthcoming Presidential Election in January 2027.
We consider this decision a commendable demonstration of commitment to democracy, fairness, due process, the rule of law and the integrity of the electoral process. At a time when all presidential candidates ought to compete on a level playing field, no candidate should be placed at a procedural or institutional disadvantage by reason of pending criminal proceedings.
This decision is consistent with broader regional and international democratic principles and best practices embodied in instruments such as the ECOWAS Supplementary Protocol on Democracy and Good Governance (2001), the African Charter on Democracy, Elections and Governance (2007), the AU Declaration on the Principles Governing Democratic Elections in Africa (2002), the International Covenant on Civil and Political Rights (ICCPR) and the Universal Declaration of Human Rights (UDHR).
These instruments emphasise genuine, free, fair, transparent and credible elections, as well as the protection of citizens’ rights to political participation.
We note that this decision is also consistent with the DGSS’ remarkable achievements since assuming office on 28th August 2024, during which he has demonstrated a notable commitment to the rule of law, due process and the lawful exercise of institutional powers.
This has been reflected, among other measures, in the prompt release of persons found to have been erroneously detained and the payment of over N300, 000,000.00 (N300M) as compensation to the affected persons, as well as the resort to legal and judicial processes in addressing politically related acts of incitement, rather than the indiscriminate or coercive exercise of State power.
The proceedings involving Prof. Pat Utomi, following his advocacy for the establishment of a “Shadow Government,” further illustrate this approach.
Where politically sensitive and contentious conduct arose, the response was pursued through established legal and judicial mechanisms, reinforcing the principle that even difficult matters of national security and public order should be addressed within the framework of the law.
We must also commend the DGSS for the significant progress recorded in the fight against terrorism and insurgency under his leadership.
The arrests of high-profile and notorious terrorist elements, as well as the successful prosecution and conviction of significant terrorist offenders, represent a notable contribution to national security and the protection of lives and property.
These achievements demonstrate operational dexterity, strategic leadership and effective synergy with sister security agencies, and underscore the fact that the fight against terrorism can be pursued decisively through intelligence-led operations, inter-agency cooperation and strict adherence to the rule of law.
We further commend the DGSS for his commitment to ensuring that personnel of the Service who violate established procedures or breach the rules of engagement are appropriately investigated and, where necessary, subjected to disciplinary or legal action.
This demonstrates a firm commitment to professionalism, accountability and the rule of law, while reinforcing the principle that no officer is above the law. Such measures are vital to strengthening public confidence in the DSS and ensuring that its powers are exercised responsibly and within the bounds of the law.
We also wish to address the claim made by Mr. Omoyele Sowore and his legal representatives at a press conference today that the DSS lacks prosecutorial powers and that the matter ought to be handled by the Attorney-General of the Federation (AGF).
We consider it necessary to clarify that the absence of an independent, inherent constitutional power of prosecution in the DSS does not mean that the Service is incapable of prosecuting a matter where it has been lawfully authorised to do so.
Under Nigeria’s constitutional and legal framework, the Attorney-General of the Federation is vested with powers in respect of the institution, undertaking and discontinuance of criminal proceedings, and may, in appropriate circumstances and subject to the law, issue a fiat or other lawful authorisation permitting designated persons, legal practitioners, agencies or public officers to conduct criminal prosecutions on behalf of the State.
Consequently, where the DSS is prosecuting pursuant to a valid fiat or authority granted by the appropriate prosecuting authority, the argument that the DSS has no prosecutorial competence whatsoever is legally misplaced. The relevant question is not simply whether the DSS possesses an independent constitutional prosecutorial power, but whether the prosecution is being undertaken pursuant to a valid and subsisting legal authority.
We therefore urge the public to distinguish between the constitutional prosecutorial powers of the Attorney-General and the authority lawfully delegated or conferred upon another person or institution to conduct proceedings on behalf of the State.
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. Rather, it represents a responsible exercise of institutional discretion aimed at ensuring that the electoral process is not unnecessarily complicated by proceedings involving a presidential candidate at a critical stage of the democratic process. The prosecution may continue after the election in accordance with due process and the applicable law.
Against this background, we regard the decision to defer the prosecution until after the Presidential Election as a prudent, responsible and confidence-building measure. It will help safeguard the neutrality of the electoral environment and reinforce public confidence that the outcome of the contest will be determined by the free will of the electorate, rather than by circumstances capable of creating an actual or perceived uneven playing field.
As you are all aware, at this defining moment in our democratic journey, what the nation requires is an electoral environment in which all candidates compete under substantially equal conditions, institutions remain impartial, and citizens are free to make their choices without fear, favour or undue institutional influence.
We therefore welcome this decision as a positive step towards ensuring a free, fair, peaceful, transparent and credible Presidential Election, consistent with Nigeria’s democratic obligations and the principles reflected in regional and international electoral standards.
We commend the DGSS for demonstrating institutional restraint, fairness, respect for due process and commitment to democratic principles, while at the same time strengthening the nation’s security architecture and upholding the rule of law.
We therefore commend this principled decision in the interest of democracy, national stability and the sovereign right of Nigerians to freely choose their leaders.
May God bless NAPS!
May God bless the Federal Republic of Nigeria!!
THANK YOU FOR LISTENING!
Aluta Continua!
Victoria Ascerta!
Comr. Jimoh Ibrahim Ajadi GCNPS
NAPS National President
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(Editor: Terverr Tyav)
