Samuel Okolie: The illegality of police involvement in civil dispute: a necessary trigger for
There would possibly perhaps be a increasing pattern in Nigeria, the build other folks involve the police in every form of dispute, with out working out that there would possibly perhaps be a mountainous chasm and incompatibility between civil conditions and disputes which would possibly perhaps well be criminal in nature. Some Nigerians in conjunction with some police officers repeatedly flip most civil issues into criminals matter.
These dwelling of Nigerians, owing to their build in society, financial powers, and their relationship (connection) with some police officers every infrequently make a selection undue help of these privileges they need to intimidate, harass, and threaten their fellow citizen by turning issues which would possibly perhaps well be purely civil in nature to criminal issues. They stay this by reporting conditions which would possibly perhaps well be purely civil in nature to the police, and the police will out of palpable lack of consciousness and in conjunction with this privileged Nigerians arrest, detain and in some conditions, prosecute the heart-broken innocent citizen in a matter that is basically civil in nature.
A prototypical example of such conditions will doubtless be adumbrated right here: for example, Mr. A takes a loan from Mr. B, with an agreement to pay help the loan within two month, however owing to inexplicable conditions, Mr. A is unable to pay help the loan all the tactic in which thru the agreed date, Mr. B, will then reviews the matter to the police, and the police will prepare a case file of both stealing, obtaining by deceptive pretence, or any diversified offence against Mr. A, whereas the matter is completely a civil slither that would no longer require the involvement of police. These forms of eventualities abound on a protracted-established basis in our society, and neither the police authority nor the civil liberty group is doing grand about it.
The court docket in plethora of conditions comprise warned by disagreement approach to actions, in Nzegbuna and Okoye (2018) ECAR437, the court docket held that refusal or failure to pay help a loan/debt though a corrupt in its own accurate, can most effective be redressed by resort to civil slither and now no longer the involvement of the police, as the invitation of the police in a matter that is completely civil in nature can’t be justified or accepted below any circumstance.
One more example of police involvement in civil slither would possibly perhaps well be illustrated in tenancy issues the build for example, a tenant who is owing arrears of rent for about two years or more is reported to the police by a recalcitrant and impatient landlord, the police will help in ejecting the tenant from his premises, or the build a landlord with the help of some police officer denies some tenant of their rights, admire utilization of overall utilities admire electricity and water thanks to the tenant lack of capacity to pay.
It is submitted that the duties of police, as succinctly and lucidly provided for in Allotment 4 of Police Act, CAP 359 Authorized pointers of the Federation of Nigeria, is for the prevention and detection of crime and would no longer encompass the settlement of civil dispute or the series of debt or enforcement of civil agreement between parties.
Samuel Okolie is a Lagos-based entirely shapely practitioner, email@example.com, 08066756987