Bankers' Books Evidence Act: Its Abuse by the Nigerian Police
| Author | Emeka Chianu |
| Date | 01 April 2002 |
| DOI | 10.1177/0032258X0207500204 |
| Published date | 01 April 2002 |
| Subject Matter | Article |
EMEKA CHIANU, LLM (LAGOS), BL
Senior Lecturer, Faculty
of
Law
University
of
Benin, Benin City, Nigeria
BANKERS' BOOKS EVIDENCE
ACT:
ITS ABUSE BY THE
NIGERIAN POLICE
In developing countries, it is particularly necessary to be
vigilant about possible abuses of authority including abuse of
police power. Individual victims are often fearful of punish-
ment if they dare to complain, while illiteracy and poverty
contribute to ignorance of legal rights (even assuming that
effective legal remedies do actually exist). The Nigerian Police
Force already faces widespread criticism for alleged abuses of
power, which it should therefore do all it can to avoid: in this
article its abuse of the Bankers Books Evidence Act 1879
(hereafter 'Capital BBEA' or 'the Act') is examined.'
Legal Proceedings Under BBEA
Section 7 of the BBEA provides that on the application of any
party to a legal proceeding a judge may order that such party be
at liberty to inspect and take copies of any entries in a banker's
book for any of the purposes of such proceedings. The judge
before whom the application is brought may grant the order only
when a legal proceeding has been commenced. Section 10 of the
Act defines 'legal proceedings' as 'any civil or criminal proceed-
ing or inquiry in which evidence is or may be given'.
Arguably, this definition implies that in a civil action at least
a writ must have been issued, while in criminal proceedings the
accused should be summoned or charged. In Williams vSummer-
jield,2 Widgery LCI said that it would be irregular
if
a police
officer sought to investigate a suspect's bank account and for that
sole purpose commenced legal proceedings; the court should
summarily reject the application. In that case the suspects were
summoned with criminal offences in order to make the police 'a
party to legal proceedings'. It was established that the sum-
monses were genuine, alleging offences which were to be
pursued; consequently the application was granted.
Unfortunately, Nigerian courts interpret this definition of
'legal proceedings' differently because in practice the police do
apply, often successfully, for a court order to take copies of
documents from a bank. And yet Widgery LCI notes in Williams
The Police Journal, Volume 75 (2002) 111
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