Principal Magistrate Moses Richards of the Kanifing Magistrates’ Court recently remonstrated with certain officers of the National Intelligence Agency (NIA) and the police for what he called their occasional intrusion into civil cases, charging that they do not have the authority to arbitrate in such matters
Magistrate Richards, presiding over a civil case that reached the court after one of the parties had suffered detention in the hands of the NIA, called on the concerned officers of the two state security institutions to desist from intervening in debt-related matters between civilians, saying that such are matters for the court. He said that detaining people over debts is unlawful and security forces should desist from the act. He opined that the security agents should not interfere with civil cases, noting that their institutions are not debt collection institutions. He however equally warned civilians to stop reporting civil matters to the police or the NIA, advising them to instead lodge such matters with the law courts which, he said, have the mandate to hear civil cases.
Senior counsel lawyer Edu Gomez also added his voice to the issue and revealed that a civilian who is detained by the security forces or agents could sue the respective institution for unlawful arrest and detention.
The defendant in the case in question earlier on told the court that he had been detained at the NIA for three days and made to pay D5,500 towards the debt, following a complaint lodged by the plaintiff to his NIA friend.
The court later told the plaintiff to collect the said D5, 500 from the NIA personnel to whom the money was paid.
The plaintiff had sued the defendant for the recovery of the sum of D18,000 being the cost of an electricity meter he bought from the defendant and later found to be faulty.