INVOLVING THE POLICE IN A PURELY CIVIL MATTER (LIKE LANDLORD & TENANT ISSUES) CAN ATTRACT LEGAL SANCTIONS

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topebabade
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Joined: 18 Aug 2019, 05:58

INVOLVING THE POLICE IN A PURELY CIVIL MATTER (LIKE LANDLORD & TENANT ISSUES) CAN ATTRACT LEGAL SANCTIONS

Post by topebabade »

INVOLVING THE POLICE IN A PURELY CIVIL MATTER (LIKE LANDLORD & TENANT ISSUES) CAN ATTRACT LEGAL SANCTIONS

It is becoming a common practice for people (tenants, landlords and agents) to make use of the Police to threaten their landlord or eject their tenant from a property. This is an illegal act and can attract legal liability.

If any damage, injury or death occurs in the process, the individual who reported the case will be equally liable with the Police Officers that carried out the instruction.

In the recent case of KURE v. C.O.P. (2020) 9 NWLR (Pt. 1729) 296 at 326, paras. B – D (SC), Per Abba Aji JSC of the Nigerian Supreme Court stated that “When a person reports a purely civil matter to the Police, such a person cannot go scot-free, as the report ought not to have been made at all since it is not within the purview of Police duties. It is a report made mala fide and he will be equally liable for the action taken by the Police irrespective of whether he actively instigated them or not, since he had no business involving the Police in a purely civil matter in the first place."

The Court also referred to the equally recent case of Okafor v. AIG Police Zone II Onikan (2019) LPELR-46505.

If you have any issue with your landlord or tenant. Talk with a legal practitioner to properly guide you on the step to take. Do not take laws into your hands. Thank you.

Ayobayo Babade
Chief Legal Adviser & Head of Operations,
Tope Babade & Co (Real Estate Consultants)
Tel/WhatsApp: +234 813 834 4488
E-Property Catalogue: https://wa.me/c/2348138344488


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