Samuel Okolie: The illegality of police involvement in civil dispute: a crucial cause for
There is a rising construction in Nigeria, where other folks occupy the police in every more or much less dispute, without working out that there is a big chasm and distinction between civil cases and disputes which may perchance well perhaps be criminal in nature. Some Nigerians on the side of some police officers continually turn most civil matters into criminals subject.
These save of Nigerians, owing to their living in society, financial powers, and their relationship (connection) with some police officers on the general exercise undue profit of these privileges they own to intimidate, harass, and threaten their fellow citizen by turning matters which may perchance well perhaps be purely civil in nature to criminal matters. They hand over this by reporting cases which may perchance well perhaps be purely civil in nature to the police, and the police will out of palpable lack of knowledge and on the side of this privileged Nigerians arrest, detain and in some cases, prosecute the heart-broken innocent citizen in a subject that’s truly civil in nature.
A prototypical example of such cases shall be adumbrated here: as an illustration, Mr. A takes a mortgage from Mr. B, with an settlement to pay relief the mortgage internal two month, but owing to inexplicable circumstances, Mr. A is unable to pay relief the mortgage for the interval of the agreed date, Mr. B, will then reports the subject to the police, and the police will prepare a case file of either stealing, obtaining by groundless pretence, or any diversified offence in opposition to Mr. A, whereas the subject is purely a civil action that does no longer require the involvement of police. These forms of eventualities abound continually in our society, and neither the police authority nor the civil liberty organization is doing powerful about it.
The court docket in plethora of cases own warned by distinction more or much less actions, in Nzegbuna and Okoye (2018) ECAR437, the court docket held that refusal or failure to pay relief a mortgage/debt even supposing a immoral in its occupy correct kind, can handiest be redressed by resort to civil action and no longer the involvement of the police, as the invitation of the police in a subject that’s purely civil in nature can not be justified or permitted below any circumstance.
Every other example of police involvement in civil action can moreover be illustrated in tenancy matters where for instance, a tenant who is owing arrears of hire for about two years or more is reported to the police by a recalcitrant and impatient landlord, the police may perchance well well assist in ejecting the tenant from his premises, or where a landlord with the support of some police officer denies some tenant of their rights, love utilization of primary utilities love electrical energy and water thanks to the tenant lack of skill to pay.
It’s submitted that the tasks of police, as succinctly and lucidly provided for in Section 4 of Police Act, CAP 359 Regulations of the Federation of Nigeria, is for the prevention and detection of crime and does no longer consist of the settlement of civil dispute or the sequence of debt or enforcement of civil settlement between events.
Samuel Okolie is a Lagos-basically based mostly moral practitioner, firstname.lastname@example.org, 08066756987