The Nigerian Police, Armed Forces Are Not Debt Recovery Agencies in Nigeria
Edward Ukpen
Human Right Advocate
A criminal act refers to the doing of what is defined as crime which is punishable by law. A Civil case arises from breach of right or the doing of a civil wrong which requires remedies.
In Nigeria, the investigation of crimes, protection of lives and properties as well as prevention of crimes are conferred on the Police as their statutory duties and functions. By law, the Police are required to deal only with crime related matters. It is never the duty of the Police to indulge in performing the function not constitutionally assigned to them.
The law is trite by section 4 of the Police Act, 2020 as to the functions and duties of the Police which are: investigation of crimes, prevention of crimes and protection of lives and property.
The right interpretation of the aforesaid functions dissolves the Police of any lawful involvement in purely civil related matters or transactions.
Again, the involvement of the Police in purely civil cases has been defined as unconstitutional with the apt reading of section 35 of the Constitution of the Federal Republic of Nigeria, (2011 as amended ). In fact, section 35 (6) of the constitution states to the express effect that whoever is unlawfully arrested and detained is entitled to compensation and public apology from appropriate authorities or persons. Unlawful arrest and detention in this context refers to an act of the police or any security agency arresting and detaining one who has breached his contractual obligations in a purely civil transaction. For instance, if A has breached his contractual terms with B, B has no right under the law to report A to the police for recovery. It is unlawful.
Similarly, the Supreme Court in the case of Kule V.COP(2020)LPELR-49478 frowned at such unconstitutional attitudes of the Police and held that the Police is not by law a debt recovery agency as such, it is not the duty of the police to involve in a purely civil matter or transaction. The court further held that any person reporting a purely civil matter to the Police be made to pay compensation and give a public apology.This similar decision was recently adopted by the Court of Appeal in the case of Imam & Anor V. Usman and Anor (2023) LPELR-60203 frowning at such unconstitutional disposition by the Nigerian Police Officer.
Again, section 4 of the Administration of the Criminal Justice Act, 2015 provides the mode in which Police Officers can lawfully effect arrest upon reasonable suspicion of and or commission of crimes. This is also very indicative that the Police’s involvement in ‘prosecution’ of civil matters is unlawful and as such, void, null and of no effect.
On the part of the Nigerian Armed Forces, their functions are highly limited in scope. The Nigerian Armed Forces are largely responsible for defence against external aggression and Nigerian borders. They are also allowed to render assistance to civil authorities if and only if permitted by the President subject to an Act of the National Assembly. By Section 217 of the Constitution of the Federal Republic of Nigeria, the Armed Forces have their duties devoid of engagement in civil cases. The law is trite that their involvement in civil matters or disputes attracts commission of a crime or breach of a civil right, depending on the facts and circumstances of each case.
In conclusion, the Police and Armed Forces are not debt recovery agencies. The law has been settled that their involvement in such acts amounts to unlawful acts punishable by law. More so, the general public are hereby educated, enlightened and given awareness that such cases, if found, be taken to courts such that adequate compensation be paid accompanied by public apology. As a victim of such an act by the security agencies, engage the services of a lawyer so that the case can duly be followed up for adequate compensation and public apology.
