"She used police to get me arrested after failing to marry her as I promised": Lawyer advises
- The police have arrested a young man who broke a tie with the lady he met on a dating app four months ago
- The young man and the lady dated for about four months before losing interest in her, but the lady got him arrested using the police after the failed marriage promises
- Barrister Titilope Anifowoshe, a respected lawyer, provided legal clarity to the matter, including the right of the police to make such an arrest
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Ikeja, Lagos - A middle-aged man who does not want his identity disclosed shared his story of how he was arrested after failing to marry the lady he met on a dating app four months ago.
Source: Twitter
"Five months ago, she and I met on a dating app. We were talking on the app for two weeks before we moved to the next stage of exchanging our phone numbers.
"Two weeks later, we met at an eatery in Ikeja in person and talked about our differences, and we went into dating proper.
"The relationship was colourful and flowering until she started coming around to pass the night at my place nearly two months into the relationship.
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"I realised she would not leave room for discussion and take the ground that her positions should always be the final.
"In the third month of the relationship, I lost interest in moving on with her, therefore. I ended it. The following Saturday, police knocked on my door and got me arrested. I would like to know if this is legally right.?"
Barrister Titilope Anifowoshe gives advises
Titilope Tawakkaltu Anifowoshe, a legal practitioner and author, is actively involved in charity and committed to good governance.
Titilope has made notable contributions to politics, holding positions such as Information Officer of the All Progressive Congress and Legal, Policy, and Research Assistant to Nigeria’s Minister of State for Transportation, becoming the youngest appointee.
If you find yourself in a situation where she has used the police to have you arrested after failing to fulfil a promise of marriage, it's important to understand the legal framework surrounding such matters.
According to the Administration of Criminal Justice Act (ACJA) of 2015, police officers are not authorized to intervene in civil disputes. Section 8(2) of ACJA explicitly states that individuals cannot be arrested solely for a civil wrong or breach of contract. Furthermore, Section 32(2) of the Nigerian Police (Establishment) Act 2020 prohibits arrests for civil wrongs unless ordered by a competent court. This principle was upheld in the case of NWADIUGWU v. IGP & ORS (2015) LPELR-26027(CA).
While she may have the option to sue you for breach of promise to marry, this does not warrant your arrest, as established in the case of Okenwa v. Nwosu (2001) 17 NWLR (Pt. 743) 213. Your failure to fulfil the promise falls under breach of contract as defined by the Nigerian Contract Act 1990. Her case is actionable in court if she can demonstrate two key points:
1. The existence of a clear and definite promise to marry made by you, which can be explicit or implied through your actions, representations, or engagement in wedding preparations under the Matrimonial Causes Act or Islamic Law.
2. That she genuinely believed the promise and acted upon it, resulting in some form of detriment or loss, such as financial expenses, emotional distress, or reputational harm.
To prove her case, she may present evidence such as written correspondence, witnesses, or documentation reflecting your intent to marry her. However, a mere convivial or romantic relationship without additional evidence is insufficient for a court to find an agreement to marry.
In summary, if she can prove that you made a promise and failed to fulfil it, she can rightfully pursue legal action against you in a court of law, rather than involving the police.
Is using Google Maps to drive legal?
In another report, FRSC officers have arrested and fined a young man for using Google Maps on his phone while driving, to get directions of his destination.
Okanlawon Gaffar, a barrister and solicitor of the Supreme Court of Nigeria, explains whether or not it’s a traffic offence to use Google Maps on a phone while driving.
Disclaimer: Advice given in this article is general in nature and is not intended to influence readers' decisions about solving marital problems. Readers should always seek their own professional advice that takes into account their own personal circumstances before making any decision.
Do you have a story to tell? Want an expert's advice? Please email us at ask.an.expert@corp.legit.ng with 'Ask an expert' in the subject line.
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Source: Legit.ng
