Samuel Okolie: The illegality of police involvement in civil dispute: a fundamental motive for
There could be a rising pattern in Nigeria, the assign other folks involve the police in every extra or much less dispute, with out figuring out that there is a huge chasm and dissimilarity between civil instances and disputes that are prison in nature. Some Nigerians alongside with some law enforcement officers in most cases flip most civil matters into criminals topic.
These assign of living of Nigerians, owing to their living in society, monetary powers, and their relationship (connection) with some law enforcement officers on the full gain undue finest thing about these privileges they’ve to intimidate, harass, and threaten their fellow citizen by turning matters that are purely civil in nature to prison matters. They attain this by reporting instances that are purely civil in nature to the police, and the police will out of palpable lack of consciousness and alongside with this privileged Nigerians arrest, detain and in some instances, prosecute the center-broken harmless citizen in a topic that is in general civil in nature.
A prototypical instance of such instances will be adumbrated here: as an instance, Mr. A takes a loan from Mr. B, with an agreement to pay abet the loan interior two month, however owing to inexplicable circumstances, Mr. A is unable to pay abet the loan interior the agreed date, Mr. B, will then reports the topic to the police, and the police will prepare a case file of either stealing, acquiring by groundless pretence, or every other offence in opposition to Mr. A, whereas the topic is purely a civil action that doesn’t require the involvement of police. All these scenarios abound recurrently in our society, and neither the police authority nor the civil liberty organization is doing fundamental about it.
The courtroom in plethora of instances derive warned in distinction extra or much less actions, in Nzegbuna and Okoye (2018) ECAR437, the courtroom held that refusal or failure to pay abet a loan/debt even supposing a immoral in its agree with valid, can finest be redressed by resort to civil action and no longer the involvement of the police, as the invitation of the police in a topic that is purely civil in nature can’t be justified or authorized underneath any circumstance.
One other instance of police involvement in civil action can additionally be illustrated in tenancy matters the assign as an instance, 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 abet in ejecting the tenant from his premises, or the assign a landlord with the abet of some police officer denies some tenant of their rights, like utilization of frequent utilities like electrical energy and water as a result of tenant incapacity to pay.
It is far submitted that the duties of police, as succinctly and lucidly offered for in Allotment 4 of Police Act, CAP 359 Regulations of the Federation of Nigeria, is for the prevention and detection of crime and doesn’t encompass the settlement of civil dispute or the collection of debt or enforcement of civil agreement between occasions.
Samuel Okolie is a Lagos-essentially essentially based authorized practitioner, firstname.lastname@example.org, 08066756987