DSS Director-General Oluwatosin Ajayi urges stronger judicial support for cybercrime prosecutions, saying impactful convictions will deter digital offenders

The Director-General of the Department of State Services (DSS), Oluwatosin Ajayi, has called for stronger judicial and public support for the prosecution of cybercrime cases, arguing that the conviction of high-profile offenders would serve as a powerful deterrent to others.

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Ajayi made the appeal on Thursday during the public presentation of Electronic Evidence (Second Edition), A Compendium of Cases on Electronic Evidence, Volume 2 (2020–2025) and the launch of the Justice Alaba Omolaye-Ajileye Educational Foundation for Indigent Students in Abuja.

The DSS chief said security agencies had deliberately selected certain cybercrime cases capable of sending a clear message to would-be offenders, particularly matters involving alleged online attacks on public officials.

Although he declined to comment on cases currently before the courts, Ajayi stressed that accountability remained essential to strengthening the rule of law.

“We are prosecuting some cases against that (Cybercrime) Act. Interestingly, some lawyers, even SANs have to defend them, even against me,” he said.

“The state reserves the discretion to prosecute among 100 offenders, one or two that can give impact. We have picked one or two… that will give impact.”

Speaking on the need for DSS Cybercrime Convictions, Ajayi warned against defamatory attacks conducted through digital platforms, saying unchecked online abuse could encourage more serious criminal conduct.

“There’s one of them who’s a presidential aspirant, and disparaged a sitting President. We chose that one. I can’t talk about it, because it’s in court,” he said.

“What I know is that societies, countries, communities will not change unless those who are not affected feel like those who are affected.”

He added, “We have to join hands from the bench to the prosecution, to all ensure that we have a country where nobody can wake up… pick up a phone and say that the sitting President is a criminal when no court in the land has convicted him.”

Ajayi also appealed to members of the legal profession to support cybercrime prosecutions by filing amicus curiae briefs where appropriate.

“If you convict one person that has an impact, others will be picked up,” he said.

The DSS Director-General credited retired Justice Alaba Omolaye-Ajileye with helping security agencies overcome challenges associated with the admissibility of electronic evidence in criminal proceedings.

According to Ajayi, the retired judge had consistently encouraged investigators to strengthen the use of electronic evidence in prosecutions long before his appointment as DSS Director-General.

He said Justice Ajileye’s scholarly publications had become valuable resources for prosecutors handling technology-driven offences.

Earlier, the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), represented by the Solicitor-General of the Federation and Permanent Secretary of the Federal Ministry of Justice, Beatrice Jeddy-Agba, praised Justice Ajileye for advancing legal scholarship in electronic evidence.

“In today’s age where transactions, communications and disputes are increasingly conducted electronically or defined by technology, the ability of our courts to admit and interpret electronic evidence is indispensable to the administration of justice,” Fagbemi said.

He added that the retired jurist’s work had equipped judges and legal practitioners with the knowledge required to address emerging technological challenges while strengthening confidence in Nigeria’s justice system.

Fagbemi also commended Justice Ajileye for establishing an educational foundation to support indigent students, describing the initiative as complementary to the Federal Government’s efforts to expand access to higher education through programmes such as the Nigerian Education Loan Fund (NELFUND).

Also speaking, the Chairman of the Economic and Financial Crimes Commission (EFCC), Ola Olukoyede, reaffirmed the commission’s commitment to combating internet fraud, describing cybercrime as a serious threat to Nigeria’s economy.

Olukoyede said the EFCC required additional legislation to facilitate the deployment of Artificial Intelligence in criminal investigations and the generation of electronic evidence.

Senior Advocate of Nigeria Chief Wole Olanipekun urged Justice Ajileye to extend his academic research to Nigeria’s Cybercrimes Act, arguing that the legislation deserved more comprehensive scholarly analysis.

Responding, Justice Ajileye expressed concern over what he described as inconsistencies in the Electoral Act, particularly regarding the application of electronic processes during elections.

He questioned why election officials were expected to wait for network connectivity during voter accreditation but could revert to manual procedures when difficulties arose with the electronic transmission of election results.

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The event attracted senior judicial officers, legal practitioners, academics, security chiefs and other stakeholders, highlighting growing interest in strengthening Nigeria’s legal framework for electronic evidence and cybercrime prosecution.