" I will let you know that I own this town. You don't know me. You will rot in jail for daring me. But the time you spend some month in jail, your eyes go neat. Wo! let me call that my brother that is SARS officer...."

Those were his exact words on that fateful day. It's a purely civil matter is said to myself. I didn't commit any crime. If not that customs seized my goods, I wouldn't have found myself in this mess.

Dear Litigator,

I am a businessman in my thirties, and I sell spare parts. I December 2019, I took a loan from a friend to enable me to import bulk goods from China. My Chinese friend told me earlier in November that there was a problem in China that will affect his ability to supply me goods. He, therefore, advised me to buy more goods because he is not sure when he will be able to fulfil my next order.

I approached my friend and co-businessman to help me with a soft loan for six months at an interest rate, which he did. Everything was going as planned until customs seized my goods for being sub-standard. I did all I could to free my goods, and it was during this period my friend ran into problems and needed me to urgently refund his money.

I could not pay back his funds immediately. We quarrelled along the line, and he brought some SARS officer to arrest me. I was in my shop when they came to arrest me and took me to Ikeja.

The police charged the matter to the court. And from there, I was sent to jail when I could not pay back the money I borrowed from my friend.

It was during this time COVID-19 lockdown started. And I was in jail till early this year, when the matter was struck out. I was released because my friend and the policemen stopped coming to court.

I lost my goods and the bulk of my business. My friend is still troubling me for his money. He has refused to apologise for using SARS to send me to jail and make me lose my business because I took a loan from him.

Please, what is the liability of a person who reports a purely civil matter to the police?

Kindly post this as anonymous on your Facebook page and your nairaland channel, I will be in the comment section.

Thank you, sir.


Response:

Wow! This is serious. The truth is that until we learn as a people this will keep happening. I am sorry for your loss. You should definitely sue your friend and the police. Especially your friend, for malicious prosecution.

In a similar case that came before the Supreme Court, was the position of the learned justices of the apex court.

Position of the Law

“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.

Such conduct, which portrays a disregard of the law and is aimed at using the coercive powers of the State to punish a contracting party in a purely civil matter ought to be mulcted in exemplary damages.

In the instant case, the conduct of Mrs. Sokari Davies, an enlightened person who reported such a matter to the police instead of going to court to seek for enforcement of the contract or damages for breach of same, amounted to wickedness, and was mala fide.

The charges of cheating and criminal breach of trust could not have a place against the appellant, let alone proving it to a conviction. In fact he deserved an unreserved apology from Mrs. Sokari Davies who set, unjustly and mala fide, the criminal process against the appellant."

Per. Abba Aji, JSC. In Okafor v. AIG Police Zone II Onikan

U should have told him "u too,will hear from my GOD".

Same police people will mess him up,all of a sudden.
There was dis uncle of mine.who had knowledge of my dad's property at D-line port harcourt.my dad left the papers with him,but told me verbally of it.after i lost my dad,my uncle came up with stories.tried using uniform men on me and all dat,just to make me abandone the pursuit of my inheritance.i told him he will hear from my GOD.3months later,he fell ill.and was taken to places,even outside naija.while he was outside,his own son,my cousin fell ill also and called me for help.when i got there,he started talking strangely,entered into his father's room and handed me the house papers.my uncle came back dat week strong.and forgot about the whole house issue.

Cos he heard from my GOD.may dat man hear from ur GOD,ijn.