By Kelvin Adegbenga
The recent arrest of the immediate past Chairman of the Kano Public Complaints and Anti-Corruption Commission, Barrister Muhuyi Magaji, has sparked certain arguments in the public space, particularly from some lawyers, human rights commentators, and groups such as Amnesty International Nigeria.
Many of these reactions appear to suggest that, because there are civil matters already before a court, the Police should refrain from investigating the criminal allegations against him. This position, with respect, has no grounding in Nigerian law.
First, the Nigeria Police have constitutional and statutory authority to investigate criminal complaints, and this authority exists independently of any civil dispute arising from similar facts.
In Nigerian jurisprudence, the powers of the Police to investigate crime are clearly distinct from the jurisdiction of the court over civil disputes, and no court can ordinarily stop the Police from carrying out a lawful criminal investigation.
Indeed, criminal and civil matters operate in wholly separate legal domains. The Police Act, 2020 and the Administration of Criminal Justice Act (ACJA) 2015 empower the Police to investigate and detect crimes, apprehend offenders, and preserve public safety.
These powers are not automatically suspended simply because one of the parties has filed a civil action relating to the same occurrence.
As a matter of law, Nigerian courts have consistently held that both civil and criminal proceedings can be conducted concurrently. Sectional principles of the ACJA 2015 reinforce the well-established rule that where a conduct constitutes a civil wrong and also a criminal offence, neither the civil court nor the criminal court needs to pause for the other. Each process proceeds within its jurisdictional boundary.
For emphasis, if a dispute has elements of both civil and criminal liability, say a contractual disagreement that also involves forgery, fraud, misappropriation, or even assault, the Police are empowered only to pursue the criminal allegations, while the court determines the private civil aspects. This is a basic legal principle.
More importantly, Nigerian courts have consistently reiterated that no judicial pronouncement should be used to restrain the Police from investigating a genuine criminal complaint, except in extremely rare situations involving abuse of process, which is not the case here.
In conclusion, therefore, the mere existence of a civil case does not strip the Police of their lawful authority to investigate possible criminal conduct emanating from the same facts. Lawyers and activists should remain guided by settled law: civil litigation cannot serve as a shield against legitimate criminal investigation.
Kelvin Adegbenga writes from Ikeja, Lagos. email: kelvinadegbenga@yahoo.com X: kelvinadegbenga
