POLICE AND TENANCY LAW IN NIGERIA

In Ikpoba Okha local government of Edo State,Nigeria  on Wednesday as they were reportedly beaten and stripped naked by resident  of the area.

The battered police officers, whose identities are yet unknown are currently nursing their injuries at an undisclosed hospital in the state.

It all started when the policewomen were invited by a landlady in the area to arrest one of her tenants who she has previously issued a quit notice to but refused to pack out of the house.

According to the report , problem ensued when the tenant insisted  on taking her bath before oing to the police station but the police officer refused, war broke between the police officers and the tenants as the residents in the area joined the tenant to beat the officers.

An eye witness said the landlady uses police to harass her tenants , the tenant was taking her bath when the police officers refused to allow the woman take her bath.................CULLED FROM DAILY POST.

LEGAL OPINION

The first question is whether it is the duty of the police to eject tenants over default of payment or non compliance with statutory notices ‘quit notice’

The tenancy law in the country is one of the laws which protect the right of both the landlord and the tenant without fear or favour of one person than the other. The same law frowns at anyone who violates the law. Tenancy law varies from one state to the other but very similar. It is the duty of the court to determine the tenancy where either of the parties fails to comply with the notices and not the landlord/his agents or the police.

It is also the duty of the court to direct the police or sheriffs to eject any tenant in case of default when need arise.

Is issuance of quit notice sufficient to eject a tenant who is in default

At the expiration of the quit notice issued, it is the duty of the landlord/lady to inform his/her Lawyer to issue a seven days (7) notice(an intention to recover premises) to the tenant, it is after this notice that the tenant can then proceed to court to recover possession to be given to the tenant. The tenant then becomes a statutory tenant and cannot be evicted by force but by a lawful court order.

What is the Provision of the law where landlord resorts to self help?

For unlawful eviction , the landlord can be sued and be made liable for damages for resorting to self help by landlord who evict a tenant in  lawful occupation, and  shall render himself liable for trespass and the tenant shall be entitled to compensation.

What is the implication of beating the police officers?

A police officer  world over is an agent of the country anyone who assaults an officer in the cause of his duty assault the country as a whole, such person shall be guilty of felony and liable for a term of imprisonment. BE WARNED.

How can police excesses be checked?

Where any officer makes an unlawful arrest or act contrary to the provision of the law, the appropriate thing to do is to write petition to a senior police officer with details of what transpired and not to engage in force or self help like the residents of Ikpoba Okha, remember you cannot cure illegality with illegality.

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL