Samuel Okolie: The illegality of police involvement in civil dispute: a serious residing off for
There may possibly be a rising pattern in Nigeria, the save folks maintain the police in every extra or less dispute, with out working out that there may possibly be a broad chasm and difference between civil cases and disputes which will be criminal in nature. Some Nigerians alongside with some cops on the entire turn most civil matters into criminals matter.
These residing of Nigerians, owing to their set in society, financial powers, and their relationship (connection) with some cops on the entire preserve shut undue support of these privileges they must intimidate, harass, and threaten their fellow citizen by turning matters which will be purely civil in nature to criminal matters. They enact this by reporting cases which will be purely civil in nature to the police, and the police will out of palpable lack of files and alongside with this privileged Nigerians arrest, detain and in some cases, prosecute the unhappy innocent citizen in a matter that’s in point of fact civil in nature.
A prototypical example of such cases will be adumbrated right here: to illustrate, Mr. A takes a mortgage from Mr. B, with an settlement to pay support the mortgage interior two month, but owing to inexplicable instances, Mr. A is unable to pay support the mortgage interior the agreed date, Mr. B, will then stories the matter to the police, and the police will put collectively a case file of both stealing, obtaining by spurious pretence, or every other offence against Mr. A, whereas the matter is completely a civil action that would now not require the involvement of police. All these instances abound continually in our society, and neither the police authority nor the civil liberty group is doing great about it.
The court in plethora of cases own warned against this extra or less actions, in Nzegbuna and Okoye (2018) ECAR437, the court held that refusal or failure to pay support a mortgage/debt even supposing a damaging in its respect just true, can completely be redressed by resort to civil action and no longer the involvement of the police, as the invitation of the police in a matter that’s purely civil in nature can no longer be justified or permitted beneath any circumstance.
But every other example of police involvement in civil action can additionally be illustrated in tenancy matters the save to illustrate, a tenant who is owing arrears of rent for approximately two years or extra is reported to the police by a recalcitrant and impatient landlord, the police will support in ejecting the tenant from his premises, or the save a landlord with aid from some police officer denies some tenant of their rights, worship utilization of classic utilities worship electrical energy and water attributable to the tenant inability to pay.
It is submitted that the duties of police, as succinctly and lucidly supplied for in Half 4 of Police Act, CAP 359 Approved guidelines of the Federation of Nigeria, is for the prevention and detection of crime and would now not consist of the settlement of civil dispute or the series of debt or enforcement of civil settlement between events.
Samuel Okolie is a Lagos-basically basically based mostly staunch practitioner, firstname.lastname@example.org, 08066756987