- In the previous posts, we discussed points on what you should do when arrested by the Police or other law enforcement agency and under what circumstances one could be refused bail.
- In this post, we would examining the question of legality of arrests for civil wrongs in Nigeria. In other words, is it lawful to arrest an individual for a civil wrong?
What is a civil wrong?
- In contrast to a criminal offence, a civil wrong is any wrongdoing for which an action for damages or other civil remedies may be brought.
- In other words, civil wrongs strictly vary with offences in the sense that while the latter could result in either jail or fines, civil wrongs are remedied only by damages and other civil remedies like restitution, injunctions, etc.
Can I Then Be Arrested For a Civil Wrong?
- The Police (Establishment) Act 2020 expressly prohibits officers from arresting anyone based on a civil wrong. Additionally, the Administration of Criminal Justice Laws of various states make detailed provisions in this regard.
- For example, the ACJL, Abuja provides that a suspect shall not be arrested merely on a civil wrong or breach of contract.
- In light of the above statutory provisions, civil wrongs are not lawful grounds for an arrest on any grounds in Nigeria.
- Conclusively, where you are arrested for a wrong that is purely civil, you may pursue civil action in court for damages and other applicable remedies. In addition, always consult your lawyer for proper guidance at all times.
References
- TheCableNg, “The Police Have No Power over Civil Disputes” available at https://www.thecable.ng/the-police-have-no-power-over-civil-matters/amp accessed on August 24 2023
- Adejumo Kabir, “Nigeria Police Interference In Civil Disputes” available at https://humanglemedia.com/nigeria-police-interference-in-civil-disputes-fueling-human-rights-abuse/ accessed on August 24 2023