Bankers' Books Evidence Act: Its Abuse by the Nigerian Police
| Author | Emeka Chianu |
| DOI | 10.1177/0032258X0207500204 |
| Published date | 01 April 2002 |
| Date | 01 April 2002 |
EMEKA CHIANU, LLM(LAGOS), BL
Senior Lecturer, Faculty
of
Law
University
of
Benin, BeninCity, Nigeria
BANKERS' BOOKS EVIDENCE
ACT:
ITS ABUSEBY THE
NIGERIAN POLICE
In developing countries,it is particularlynecessaryto be
vigilant about possible abuses of authorityincluding abuseof
police power. Individualvictimsare oftenfearfulof punish-
ment if they dare to complain,while illiteracyand poverty
contribute to ignorance of legalrights (even assuming that
effective legal remedies do actually exist). TheNigerian Police
Force already faces widespreadcriticism for alleged abuses of
power, which it should thereforedo all it can to avoid: in this
article its abuse ofthe Bankers Books EvidenceAct 1879
(hereafter 'Capital BBEA' or 'the Act') is examined.'
Legal Proceedings Under BBEA
Section 7 of the BBEAprovidesthaton the applicationof any
party toa legalproceeding a judge may order thatsuch party be
at liberty to inspect and take copiesof any entriesin a banker's
book for anyof the purposes ofsuch proceedings. The judge
before whom the applicationis broughtmay grant the orderonly
when a legal proceeding has been commenced.Section 10 of the
Act defines 'legalproceedings' as 'anycivil or criminal proceed-
ing or inquiryin which evidenceis ormay be given'.
Arguably, thisdefinition implies that in a civilaction at least
a writ must have been issued,while in criminalproceedings the
accused should be summonedor charged. In Williams vSummer-
jield,2 Widgery LCI saidthat it would be irregular
if
a police
officer sought to investigate a suspect's bankaccount and for that
sole purpose commencedlegal proceedings;the court should
summarily reject theapplication.In that casethe suspects were
summoned with criminaloffences inorder to make thepolice'a
party to legal proceedings'. It was establishedthat the sum-
monses were genuine, alleging offences which were to be
pursued; consequentlythe applicationwas granted.
Unfortunately, Nigeriancourts interpretthisdefinition of
'legal proceedings' differently becausein practicethe policedo
apply, often successfully, fora court order to take copiesof
documents from a bank. And yet Widgery LCI notes in Williams
The Police Journal,Volume 75 (2002) 111
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