Opinion
Civil Cases: What Roles For The Police?
Given the criminal excesses of some policemen in Nigeria, there is a need to call the attention of the police authorities to the involvement of the police at divisional or local levels in civil cases. The law commonly recognized and applicable nation-wide in Nigeria is divided into two sections, namely; criminal and civil cases. Unfortunately, many aggrieved persons who may not know the difference between the two sections of the law always run to the police to make complaints.
For clarity purpose, civil cases are usually resolved with an advice to the parties to seek personal redress in a civil court, not police stations. Civil cases include issues between landlords and tenants over rents, debt disputes, failed contract agreements and such other trespasses for which the aggrieved party can seek redress in a civil suit. But what we find becoming a common practice is a situation where the police get involved in clearly civil cases.
It is true that some cases can be both civil and criminal whose details may not be delved into here. It is true also that the police can intervene in some civil cases, where there is the possibility of the issue degenerating into an act of criminality or a breach of the peace.
The common strategy which must not be allowed to become a norm, is that some landlords and creditors who have “friends” and “consultants” in police circles, use them to settle personal or civil issues with their tenants or debtors. The game goes this way; you tell your police friend or consultant that your tenant or debtor is taking you for a ride, after several pleas. The police then make a case of conduct likely to cause a breach of peace, malicious damage or use Section 419 of the Criminal Code which deals with obtaining money, property, favour or other advantages by false pretences and fraudulent presentations.
Thus the helpless tenant or debtor would be detained in a police cell for issues that are civil rather than criminal in nature. Knowing that they are playing a game of intimidation, the police friend or consultant would make the “suspect” to sign a “bond to pay the debt and damages” at the police station within a time limit. The helpless fellow gets someone to take him on “bail” and finds where he would borrow some money to be able to get out of police net.
If the complainant and Investigating Police Officer (IPO) are benevolent, they would warn the suspect to make haste in settling the case, or he would remain in detention. Perhaps what would be made to appear as criminal aspect of an issue that is obviously civil, may be some exchange of bitter words in the process of a threatening demand by the landlord or creditor. Malicious damage may be some cracks or holes in a house that is long over-due for renovation. Thus a tenant faces two charges of conduct likely to cause a breach of the peace and malicious damage, just because, being laid off from job, he is unable to pay his rent.
While the IPO may know that he is merely engaged in a game of intimidating someone trapped in a financial obligation to someone else, he would find it hard to take the matter to court, or to detain the suspect for longer than 24 hours. It is possible that more complications may arise from a simple and obvious case of a civil nature. What lawyers would call agent provocateur is a situation where an individual is deliberately pushed to the wall, thereby forcing him to react in an obviously aggressive manner in self defence.
Many cases pending in police stations and many persons detained, awaiting trail, can be traced to minor civil cases which were bloated and transformed into criminal cases.
The situation in Nigeria is hard enough for everyone and it would be quite unfair to transfer personal plight and stress to other people, especially helpless ones. Neither should anyone holding a position of coercion use such power to intimidate others. Police patrol teams such as SAS usually engage in this act. And it is unfortunate.
Amirize writes from Port Harcourt.
email: bamirize @ yahoo.com
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