The Rule of Law and Accountability Advocacy Centre (RULAAC) has written to the Enugu State Commissioner of Police, warning that officers from the State Criminal Investigation Department are being used to harass bank officials and their lawyers who filed misconduct petitions against a magistrate and a legal practitioner.
RULAAC stated in a letter dated May 21 that the Managing Director of Ohha Microfinance Bank Limited and the bank’s counsel were summoned by the SCID after those named in their petitions, alleging judicial and professional misconduct, filed counter-complaints with the police.
The original petitions, submitted to the National Judicial Council and the Enugu State Judicial Service Commission, concern allegations arising from garnishee proceedings and the purported withdrawal of funds from the bank’s account under a disputed court order.
Aspects of the matter are already before the High Court on appeal.
The Executive Director, RULAAC, Mr Okechukwu Nwanguma, said: “The right of citizens to submit petitions to constitutional and statutory oversight institutions, including the National Judicial Council and State Judicial Service Commissions, is an important component of democratic accountability, access to justice and freedom of expression.”
RULAAC said it was not questioning the merits of the underlying allegations, which it described as matters for competent judicial and disciplinary institutions.
Its concern, the group said, was with what it called “the apparent attempt to invoke police powers in a manner capable of intimidating petitioners and discouraging citizens from approaching lawful oversight bodies.”
The organisation challenged the framing of the police inquiry, arguing that defamation is generally a civil, not criminal, matter.
It warned that treating petitions to oversight bodies as grounds for criminal investigation posed a broader threat to civic freedoms.
“The increasing use of police investigative powers in disputes arising from petitions, professional complaints and civil disagreements raises legitimate concerns about abuse of process and the diversion of police resources from genuine criminal matters, ” said Nwanguma.
The group urged the commissioner to ensure officers are not deployed to intimidate petitioners or their lawyers, that any investigation is conducted within constitutional bounds, and that police powers are not applied to matters that are civil, administrative, or disciplinary in nature.
It also called for guarantees of the safety and liberty of all parties while the petitions and court proceedings remain pending.
Copies of the letter were sent to the Inspector General of Police, the Police Service Commission, the Attorneys General of both the federation and Enugu State, the National Human Rights Commission, and the Chief Judge of Enugu State.
“The integrity of the justice system depends not only on accountability within the judiciary but also on restraint by law enforcement agencies in matters touching on judicial independence, civic freedoms and access to lawful remedies,” the petition concluded.
