Samuel Okolie: The illegality of police involvement in civil dispute: a excessive trigger for
There could be a growing style in Nigeria, where folk involve the police in each and every roughly dispute, with out thought that there is a extensive chasm and difference between civil cases and disputes which are prison in nature. Some Nigerians along with some police officers usually turn most civil issues into criminals topic.
These feature of Nigerians, owing to their feature in society, monetary powers, and their relationship (connection) with some police officers usually make a choice undue advantage of these privileges they possess to intimidate, harass, and threaten their fellow citizen by turning issues which are purely civil in nature to prison issues. They build this by reporting cases which are purely civil in nature to the police, and the police will out of palpable lack of information and along with this privileged Nigerians arrest, detain and in some cases, prosecute the downhearted harmless citizen in a topic that is basically civil in nature.
A prototypical example of such cases could be adumbrated right here: as an instance, Mr. A takes a loan from Mr. B, with an settlement to pay reduction the loan within two month, but owing to inexplicable conditions, Mr. A is unable to pay reduction the loan within the agreed date, Mr. B, will then reports the topic to the police, and the police will put collectively a case file of either stealing, obtaining by untrue pretence, or every other offence towards Mr. A, whereas the topic is exclusively a civil action that does now not require the involvement of police. Most of these eventualities abound on a typical basis in our society, and neither the police authority nor the civil liberty organization is doing great about it.
The court docket in plethora of cases possess warned in dissimilarity roughly actions, in Nzegbuna and Okoye (2018) ECAR437, the court docket held that refusal or failure to pay reduction a loan/debt despite the indisputable truth that a immoral in its possess moral, can greatest be redressed by resort to civil action and now not the involvement of the police, as the invitation of the police in a topic that is exclusively civil in nature can not be justified or accredited below any circumstance.
Every other example of police involvement in civil action might presumably presumably also be illustrated in tenancy issues where for occasion, a tenant who is owing arrears of rent for about two years or extra is reported to the police by a recalcitrant and impatient landlord, the police will aid in ejecting the tenant from his premises, or where a landlord with help from some police officer denies some tenant of their rights, love utilization of long-established utilities love electricity and water on myth of the tenant inability to pay.
It is submitted that the obligations of police, as succinctly and lucidly equipped for in Fragment 4 of Police Act, CAP 359 Guidelines of the Federation of Nigeria, is for the prevention and detection of crime and does now not 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 lawful practitioner, firstname.lastname@example.org, 08066756987