The National Association of Polytechnic Students (NAPS) has commended the Department of State Services (DSS) for its decision to suspend the prosecution of the African Action Congress (AAC) presidential candidate, Omoyele Sowore, until after the 2027 presidential election.
The students’ body said the decision was important to the preservation of fairness, due process and confidence in Nigeria’s democratic process, particularly at a time when political parties and their candidates are preparing for another presidential contest.
The National President of NAPS, Comr. Jimoh Ibrahim Ajadi, stated this while presenting the association’s position on the decision, saying the organisation considered itself a responsible stakeholder in Nigeria’s democratic process and a representative voice of millions of students across the country.
According to Ajadi, NAPS welcomed the decision by the Director-General of the DSS, Oluwatosin Adeola Ajayi, to defer the prosecution of Sowore until after the forthcoming presidential election, describing it as a demonstration of institutional restraint and respect for democratic principles.
The association argued that presidential candidates should be allowed to participate in the electoral process under substantially equal conditions and should not be placed at a procedural or institutional disadvantage because of pending criminal proceedings during a critical period of political competition.
NAPS said the decision would contribute to creating an electoral environment where candidates could present their programmes and policies to Nigerians without the perception that state institutions were being used in a manner capable of affecting the political contest.
The association stressed that the decision should not be interpreted as an abandonment of the criminal proceedings against Sowore or as an indication that he had been cleared of any allegations or offences for which he may be facing prosecution.
Rather, NAPS described the development as a temporary suspension intended to ensure that the electoral process was not unnecessarily complicated by proceedings involving a candidate seeking the highest political office in the country.
The students’ body said the proceedings could continue after the election in accordance with the law, due process and the decisions of the appropriate judicial authorities.
NAPS said the approach was consistent with the broader objective of protecting the credibility of the electoral process, arguing that the legitimacy of an election depends not only on the conduct of voters and candidates but also on the neutrality and perceived impartiality of state institutions.
The association further linked its position to a number of regional and international democratic instruments, including the ECOWAS Supplementary Protocol on Democracy and Good Governance, the African Charter on Democracy, Elections and Governance, the African Union Declaration on the Principles Governing Democratic Elections in Africa, the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights.
According to NAPS, these instruments promote democratic participation, free and fair elections, transparency, credibility and the protection of citizens’ political rights.
The association maintained that Nigeria, as a member of the international community and a key participant in regional democratic processes, should continue to strengthen institutions and practices that promote public confidence in elections.
NAPS also used the opportunity to commend the DSS Director-General for what it described as his commitment to the rule of law and due process since assuming office on August 28, 2024.
The association said the leadership of the Service had demonstrated that national security responsibilities could be discharged while still respecting established legal procedures and citizens’ rights.
NAPS specifically referred to the release of individuals who were found to have been erroneously detained, as well as the reported payment of more than N300 million in compensation to affected persons.
The students described such actions as evidence that security institutions could acknowledge errors, provide remedies where necessary and remain accountable while carrying out their statutory responsibilities.
The association also cited the case involving Professor Pat Utomi, following his advocacy for the establishment of what was described as a “Shadow Government”.
NAPS said the handling of the matter demonstrated the importance of responding to politically sensitive and contentious issues through established legal and judicial mechanisms.
The association argued that even when conduct raises questions of national security or public order, the response of state institutions should remain within the framework of the law.
It said adherence to due process was essential to preventing the abuse of institutional powers and ensuring that Nigerians continued to have confidence in the country’s security and justice institutions.
Beyond the issue of Sowore’s prosecution, NAPS commended the DSS for what it described as significant progress in the fight against terrorism and insurgency under the current leadership.
The association said the arrest of high-profile and notorious terrorist elements, alongside the prosecution and conviction of significant terrorist offenders, represented an important contribution to national security.
NAPS argued that the reported successes demonstrated the importance of intelligence-led operations, strategic coordination and cooperation between the DSS and other security agencies.
According to the association, Nigeria’s security challenges require security institutions to be decisive against terrorism and other serious crimes while ensuring that their operations remain anchored on the law.
It said the balance between effective national security operations and respect for fundamental rights was critical to sustaining public trust in security agencies.
NAPS also praised the DSS leadership for its stated commitment to investigating personnel who violate established procedures or breach rules of engagement.
The association said officers found to have violated the law or established procedures should be subjected to appropriate disciplinary or legal processes, stressing that no security officer should consider himself above the law.
According to NAPS, internal accountability was necessary for strengthening professionalism within the Service and ensuring that security powers were not exercised arbitrarily.
The association said holding erring personnel accountable would also help improve public confidence in the DSS, particularly in cases involving allegations of unlawful detention, abuse of power or violations of established operational procedures.
NAPS subsequently addressed the legal argument raised by Sowore and his legal representatives concerning the prosecutorial powers of the DSS.
Sowore and his lawyers had argued that the DSS did not possess prosecutorial powers and that criminal proceedings of that nature should be handled by the Attorney-General of the Federation.
However, NAPS said the issue required a distinction between the constitutional prosecutorial powers vested in the Attorney-General of the Federation and the authority that may lawfully be granted to another person, agency or legal practitioner to conduct criminal proceedings on behalf of the State.
The association acknowledged that the DSS does not possess an independent and inherent constitutional prosecutorial power equivalent to that of the Attorney-General of the Federation.
It nevertheless argued that the absence of an independent constitutional prosecutorial power does not necessarily mean that the DSS cannot participate in or conduct a prosecution where it has been legally authorised to do so.
NAPS said the Attorney-General of the Federation is vested with constitutional powers relating to the institution, undertaking and discontinuance of criminal proceedings and may, where permitted by law, grant a fiat or other lawful authorisation for designated persons or institutions to conduct criminal proceedings on behalf of the State.
The association therefore argued that the critical legal question should be whether the DSS is acting pursuant to a valid and subsisting authority granted by the appropriate prosecuting authority.
According to NAPS, it would be inaccurate to simply conclude that the DSS has no prosecutorial competence whatsoever without examining the legal authority under which a particular prosecution is being conducted.
The students’ body urged Nigerians to distinguish between an institution possessing an independent constitutional power of prosecution and an institution or individual conducting proceedings under a lawful delegation, fiat or authorisation.
NAPS said the distinction was particularly important in public discussions about the Sowore matter because questions concerning the legality of a prosecution should ultimately be determined on the basis of the applicable law and the facts of the particular case.
The association further maintained that the suspension of the proceedings did not amount to immunity from prosecution for Sowore.
It said the decision should instead be viewed within the context of the need to protect the integrity and credibility of the electoral process.
NAPS argued that where a person facing criminal proceedings is also seeking the mandate of Nigerians to become President, institutions must be mindful of circumstances that could create an actual or perceived imbalance among candidates.
The students said the decision to defer the proceedings would give the electorate an opportunity to assess political candidates based on their programmes, policies, character and competence, rather than allowing ongoing institutional proceedings to dominate the political environment.
NAPS said the credibility of an election depends substantially on public perception that government institutions are acting fairly and without favour towards any particular candidate or political interest.
The association therefore described the DSS decision as a confidence-building measure capable of strengthening public trust in the 2027 electoral process.
It called on all political actors, security agencies, electoral institutions and other stakeholders to prioritise peace, fairness and adherence to the law as the country moves towards the next presidential election.
NAPS said political competition should be based on ideas, policies and the ability of candidates to convince Nigerians, rather than on the use or perception of state institutions as instruments of political advantage.
The association also urged Nigerians, particularly young people and students, to remain actively engaged in the democratic process and resist attempts to undermine peaceful political participation.
According to NAPS, Nigerian students constitute a significant segment of the country’s population and have a direct stake in the quality of leadership produced through democratic elections.
The association said young Nigerians should therefore pay close attention to political developments, demand accountability from political actors and participate peacefully in the electoral process.
NAPS reiterated that its support for the suspension of Sowore’s prosecution was not an endorsement of any particular candidate or political party but a position it said was based on the broader principle of protecting the integrity of the electoral process.
The students’ body said the same democratic standards should apply to all candidates irrespective of their political affiliations, personal backgrounds or ideological positions.
It maintained that the objective should be to create an environment in which every qualified candidate can participate fairly while allowing the courts and relevant institutions to discharge their responsibilities without unnecessary political tension.
NAPS said the 2027 presidential election would be another important test of Nigeria’s democratic institutions and urged all stakeholders to act in ways that would strengthen rather than weaken public confidence in the process.
The association consequently commended the DSS for what it described as institutional restraint, fairness, respect for due process and commitment to democratic principles.
It also acknowledged the Service’s security responsibilities, particularly its role in counterterrorism and intelligence gathering, saying effective national security and respect for the rule of law should not be treated as mutually exclusive objectives.
NAPS said Nigeria could build a stronger democratic and security architecture when institutions exercise their powers responsibly, remain accountable and respect the rights of citizens.
The association concluded that deferring Sowore’s prosecution until after the presidential election was, in its view, a prudent and responsible step in the interest of democracy, national stability and the sovereign right of Nigerians to freely choose their leaders.
Ajadi called for continued commitment to the rule of law and democratic values, stressing that the electoral process must remain sufficiently credible for Nigerians to accept its outcome.
He ended the statement by reaffirming NAPS’s commitment to democratic participation and student representation, with the declaration: “Aluta Continua! Victoria Ascerta!”
