Samuel Okolie: The illegality of police involvement in civil dispute: a extreme trigger for
There might maybe be a rising style in Nigeria, where other folks involve the police in all varieties of dispute, without conception that there is a plentiful chasm and incompatibility between civil situations and disputes which can maybe be prison in nature. Some Nigerians along with some police officers assuredly flip most civil matters into criminals topic.
These feature of Nigerians, owing to their set in society, monetary powers, and their relationship (connection) with some police officers on the total defend undue profit of these privileges they wish to intimidate, harass, and threaten their fellow citizen by turning matters which can maybe be purely civil in nature to prison matters. They terminate this by reporting situations which can maybe be 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 situations, prosecute the unfortunate harmless citizen in a topic that is largely civil in nature.
A prototypical example of such situations will almost definitely be adumbrated here: as an example, Mr. A takes a mortgage from Mr. B, with an agreement to pay again the mortgage within two month, however owing to inexplicable situations, Mr. A is unable to pay again the mortgage at some level of the agreed date, Mr. B, will then reports the topic to the police, and the police will put together a case file of either stealing, acquiring by spurious pretence, or any diversified offence against Mr. A, whereas the topic is solely a civil motion that does not require the involvement of police. All these eventualities abound recurrently in our society, and neither the police authority nor the civil liberty organization is doing significant about it.
The court in plethora of situations hang warned by contrast form of actions, in Nzegbuna and Okoye (2018) ECAR437, the court held that refusal or failure to pay again a mortgage/debt even supposing a execrable in its hang real, can only be redressed by resort to civil motion and not the involvement of the police, because the invitation of the police in a topic that is solely civil in nature can’t be justified or authorized below any circumstance.
One other example of police involvement in civil motion might maybe maybe be illustrated in tenancy matters where shall we embrace, a tenant who’s owing arrears of hire for about two years or more is reported to the police by a recalcitrant and impatient landlord, the police also can support in ejecting the tenant from his premises, or where a landlord with the support of some police officer denies some tenant of their rights, enjoy utilization of popular utilities enjoy electricity and water on account of the tenant incapacity to pay.
It is some distance submitted that the duties of police, as succinctly and lucidly supplied for in Part 4 of Police Act, CAP 359 Laws of the Federation of Nigeria, is for the prevention and detection of crime and does not consist of the settlement of civil dispute or the sequence of debt or enforcement of civil agreement between parties.
Samuel Okolie is a Lagos-basically based apt practitioner, firstname.lastname@example.org, 08066756987