The use of the Police in evicting tenant(s) is a procedure alien to our jurisprudence. The reason is not far fetched, and this is because tenancy is basically governed by a contract (that is, a “Tenancy Agreement”) between a Landlord and the tenant for which the Police has no business with.

By Bamidele Kolawole

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The relationship between the landlord and a tenant in a tenancy relationship is majorly contractual, and civil in nature, being that such relationship is governed by the rules of contract and the agreement entered into by parties, subject to the foundational principles of tenancy.

 By virtue of Section 4 of the Police Act, the duties of the Police is clearly outlined in there which are basically the prevention and detection of crime, apprehension of crime, preservation of law and order, protection of lives and property, due enforcement of all laws and regulations with which they are differently charged.

This is well settled in the case of Gaul Ihenacho & Ors v. NPF where the court reiterated that the Police Act does not empower the police to enforce contract or collect common debts.

Flowing from the above, the Landlord Tenant relationship is purely a civil matter and as such not regulated by criminal law, as it constitute abuse of powers to involve the police in a tenancy matter. As such the use of police to evict an erring tenant is unlawful and abuse of administrative and judicial powers.

The only exception to this rule, or where the Police can be involved in such is where element of crime is present in the case of such eviction, for instance, burglary, theft, breach of public peace, entry by violence, among other related crimes.

A tenancy relationship is created between a landlord and a tenant where the latter accepts to payment of Rent for the apartment being rented out by a landlord.

One key factor that cements tenancy relationship is the payment of Rent either Weekly, Monthly, Quarterly or Yearly and good relationship/behavior.

It should be noted that the landlord has some rights over his property likewise the tenant during the pendency of his/her tenancy. However, these rights are not absolute as either party can decide to sever the relationship in accordance with the tenet of law.
In every state Rent Laws govern Landlord/Tenancy relationship and it provides that a Tenant must be served with the requisite notices if a landlord so desires to have such tenant evicted.

A yearly tenant must be given six months notice and subsequently, a Seven Days Owners intention to recover premises after which he can be taken to court if he fails to vacate the house sequel to the service of the two notices stated above.

By the provision of the Police Act, the Police are not empowered to dabble into landlord tenancy relationship save where there’s commission or likelihood of criminal act being perpetrated.

The law doesn’t encourage the use of police to evict a tenant as it is totally outside the purview of Rent Laws and Police Act.

The Police are only allowed to forcefully evict a tenant where the Court has issued an eviction order against the tenant who has refused to vacate the landlord’s premises after the determination of the tenancy case. This is the only way known and approved by law for a landlord to recover his premises from a defaulting tenant.

Yes, the police can evict a tenant with a court order. Eviction is the removal of a tenant from a rental property by a landlord.

However, in some situations, the police may be involved in evicting a tenant. This can occur when a tenant has violated the lease agreement and refuses to leave the property voluntarily. In such cases, the landlord may file for eviction and obtain a court order requiring the tenant to vacate the premises.

If the tenant still refuses to leave, law enforcement agencies may be authorized to physically remove the tenant from the property.

This process is known as eviction with a court order, and it is legal as long as the landlord follows the appropriate legal procedures.

It is important that both tenants and landlords understand their rights and legal obligations during the eviction process in order to avoid conflicts or penalties.

The use of the Police in evicting tenant(s) is a procedure alien to our jurisprudence. The reason is not far fetched, and this is because tenancy is basically governed by a contract (that is, a “Tenancy Agreement”) between a Landlord and the tenant for which the Police has no business with.

In the absence of a Tenancy Agreement, recourse is made to the relevant law regulating tenancy and the recovery of premises which is codified in the laws of every states in Nigeria.

By virtue of Section 18 (1) of the Rent Control and Recovery of Premises Law, Cap 133, Vol. 3 of the Laws of Ondo State, 2006, the Landlord shall apply to the “Rent Tribunal” within jurisdiction where the property is situate for the issuance of a summons to evict the tenant.

Pursuant to Section 16(1) & 17 of the Rent Control and Recovery of Premises Law Cap 133, Vol 3, Laws of Ondo State of Nigeria, 2006 the Landlord shall prior to the date of the termination of the subsisting tenancy serve the tenant with: (a) a week’s notice where it is a tenancy-at-will or a weekly tenancy. (b) a month’s notice where it is monthly tenancy (c) a quarter’s (three months’) notice where it is a quarterly (three-months)tenancy and (d) half a year’s (six months’) notice in a yearly tenancy.

Where the tenant having been served with the requisite notices, fails to comply with same, the Landlord shall by virtue of Section 15 of the law serve the tenant a Notice of Owner’s intention to apply to recover possession which the tenant is mandated to comply with within a period of seven days from the date of service of the said notice on the tenant, and where the tenant fails to deliver up possession within the stipulated period of seven (7) days after the service of the said notice on him/her, the right of the Landlord to sue for recovery of the said premises arises. 

Unfortunately, most landlords with the aim of forcefully ejecting tenants and/or recovery the rents engage in the practice of using the instrumentality of the police to harass tenants in civil disputes.

Such acts/steps amount to “self help”, a practice which the courts have consistently frown at.

In the case of Akinkugbe v Ewulum Holdings (Nig) Ltd & Anor (2008) LPELR-346 (SC), the Supreme Court held that a Landlord who resorts to self help in a bid to recover possession of premises tenanted runs foul of the law and he is liable in damages.

Similarly, in the case of Ndiel & Anor v Eze (2016) LPELR-42122 (CA), the Court of Appeal Per Helen Ogunwumiju, JCA, (as he then was) @ P 17, PARAS C-D) held that: “it is the law that and it has been reiterated almost to irritation that recovery of premises must be done by due process of law. Any other form of recovery is unlawful.”

Clearly, the law only empowers the (Court) “Rent Tribunal” and not the Police to evict a tenant where he/she refuses or neglects to vacate the property after the expiration of his tenancy and/or service of the requisite notices on the tenant.

The relationship between a Landlord and a Tenant is a contractual one, it is governed by the terms of tenancy.

The Police ordinarily do not have rights of interference in contractual matters, expect where there are evidence of fraud or other vitiating factors which have criminal elements. Cambridge Dictionary defined tenancy as “a legal arrangement in which someone has the right to live in or use a building or land owned by someone else in exchange for paying rent to its owner”.

As noted earlier, the terms of tenancy are usually governed by the express agreements (oral or written tenancy agreement), implied agreement (customary terms which can be imported into the tenancy even when they are not discussed or agreed on) and statutory provisions (relevant laws of the State regulating tenancy).

Note that express agreement when duly executed takes precedent and thus override the implied agreement and statutory provisions.

A Tenant cannot be thrown out of his apartment unless there is a strict compliance by the Landlord with of relevant Recovery of Premises Law, which are usually State Laws with differences and peculiarities depending on the State.

Thus, it is inappropriate for a Landlord to use Police to evict a Tenant. It becomes wrong on the side of the Landlord and at the same time it is outside the scope and duty of the Police Officer.

If a Tenant is been evicted by the Landlord through the use of Police, such Tenant can seek judicial remedies in Court and get damages against both the Landlord and the Police Officer. The rent laws mostly lean in favour of the Tenant to safeguard him properly from enormous power of the Landlord.

Some of the rights open to Tenants in Nigeria include right to a written agreement, right to issuance of receipt of payment, right to peaceful enjoyment of property, right to a valid notice to quit, right to a compulsory Seven (7) days notice to recover premises, right to sue Landlord for trespass, right to fair hearing and right to a statutory tenancy (i.e the law still allows a Tenant to maintain possession although no longer as a Tenant of the Landlord rather as a tenant of the law).The above rights of the Tenants does not preclude the various and numerous rights of the Landlord.

 The Landlord enjoys several rights and the Statutes(Law) are directly or indirectly mitigating the rights and power of the Landlord to protect the Tenant. In Ondo State for example, we have the Rent Control and Recovery of Premises Law, Cap 133, Vol. 3 of the Laws of Ondo State, 2006 which makes provisions for rents and matters incidental thereto.

In S. 18(1) thereof, it provides that the Landlord shall apply to the Rent Tribunal within jurisdiction where the property is situate for the issuance of a summons to evict the Tenant.

It becomes paramount to note that where a Landlord has reasons to evict a Tenant, recourse must be made to Recovery of Premises Law which must be duly followed, as opposed to unlawful use of Police for self help or inflicting illegal punishment on a Tenant.

To awake the jurisdiction of the Rent Tribunal, statutory notices must be served (except where otherwise provided in a duly executed tenancy agreement).

The rent control laws of various States favors the Tenants more than the Landlord, it is therefore advised that Landlord should protect themselves by executing tenancy agreements to even the odd.

In Nigeria, landlords cannot use the police to forcibly evict tenants. The eviction process in Nigeria is governed by specific legal procedures outlined in the Recovery of Premises Act and other relevant laws.

The use of police or any form of self-help by landlords to evict tenants is illegal and against the law.Here are the key points to consider regarding this issue:

1. Legal Process for Eviction: Landlords who wish to evict tenants in Nigeria must follow a legally prescribed process. This process typically begins with the issuance of a valid Notice to Quit, which specifies the reasons for eviction and the notice period given to the tenant to vacate the premises.

2. Recovery of Premises Act: The Recovery of Premises Act is a crucial piece of legislation that outlines the procedures for recovering possession of premises from tenants.

It provides guidance on the steps landlords should take to legally regain possession of their property.

3. Judicial Intervention: If a tenant refuses to vacate the premises after receiving a valid Notice to Quit, the landlord must approach a court of competent jurisdiction to initiate eviction proceedings. The court will hear the case, consider the evidence, and make a determination in accordance with the law.

4. Police Involvement: Landlords should not involve the police in eviction matters. The police do not have the authority to enforce eviction without a valid court order. Any attempt to use the police for eviction without a court order can lead to legal consequences.

5. Protection of Tenant Rights: Nigerian law prioritizes the protection of tenant rights and ensures that tenants are not unlawfully ejected from their rented premises.

6. Constitutional Provisions: The Nigerian Constitution provides for the protection of individual rights and the right to own and enjoy property. Eviction without following due process can be considered a violation of these constitutional rights.

In summary, landlords in Nigeria must adhere to legal procedures and obtain a court order for eviction. The police should not be used to forcefully evict tenants, as this would be a breach of the law.

It is essential for both landlords and tenants to be aware of their rights and responsibilities under Nigerian law to ensure a fair and lawful eviction process.Sources:

1. [Rights of a Tenant and Landlord in Nigeria](https://www.propertypro.ng/blog/rights-of-a-tenant-and-landlord-in-nigeria/)

2. [The valid process of evicting a tenant in Nigeria](https://www.tekedia.com/the-valid-process-of-evicting-a-tenant-in-nigeria/)

3. [Punishments For Landlords and Tenants In Nigeria](https://thenigerialawyer.com/punishments-for-landlords-and-tenants-in-nigeria/)

This has on numerous occasions been emphasized by the court and even by lawyers that tenancy matters are within the realm of civil suits and police officers or other law enforcement agents have no part in it unless they have been authorized by the court to forcefully eject out a defaulting stubborn tenant.

Eviction by police order is illegal.

A picture has emerged on social media allegedly of a Nigerian police signpost, mounted on the entrance of an apartment, with the caption of the signpost reading; “You are to evict this premises in seven days, by order of the Nigerian police force, Force Headquarters”.

The legal issue that arose out of this incident is; whether the Nigerian police have the power to legally evict a tenant.

The straightforward answer to the issue above raised is typical No. The Nigerian police force or any other law enforcement agency does not have the legal power to issue an eviction notice to anybody or enforce an eviction notice without the order of the court.

It has been the case that landlords procure police officers and even military officers to forcefully evict their tenants, acts of that nature are not just illegal but also criminal.

Let us even assume that the property in question with the police eviction notice belonged to the Nigerian police and they were never procured by an external party to evict the tenant, it is still illegal to issue a tenant a straight up seven days notice to quit and give up possession of a property or to evict a tenant by the order of the police.

Please take note that there is nothing like; quit premises by “Police Order or by military order” known to law in the recovery of premises law or tenancy law; what is rather obtainable is “by court order”.  Therefore, if you see the notice pasted “quit premises police order of the police or by military order” as we tend to see often, such notice is illegal and criminal, the law enforcement agency that pastes such notice is merely abusing their powers.

Once a tenant lawfully enters into a property and occupies the property, the procedure for evicting or removing him from that property is strictly regulated by law and if a tenant is forcefully or illegally evicted, that tenant can whip up legal action against the landlord for wrongful eviction and even for trespass.

The straightforward answer to the issue raised is typical No. The tenancy relationship is purely of a civil contractual nature that does not involve the police.  It is only where there is an element of crime that police involvement is allowed.

 What you find now is that Landlords use police to evict tenants from their premises, to collect rent, and even to force the tenant to carry out obligations tied to the tenancy or another. In most cases, the tenants even get locked up on trumped-up charges just to punish them.

 The case of Gaul Ihenacho & Ors V. NPF explains the succinctly, the court held that “the police whose duties are provided in section 4 of the Police Act….. do not include investigation and/or the settlement of civil or contractual disputes or more properly put, the collection of debts or enforcement of civil agreements and contracts.

There is no provision in the Police Act that empowers the police to enforce contracts or collect common debts. The Nigerian jurisprudence is replete with practice and procedure for enforcing contractual agreements which do not involve the arrest and detention of parties.”