“What is even more disturbing in recent times, is the way and manner the police and some other security rather than focus squarely on their statutory functions of investigation, preventing and prosecuting crimes, allow themselves to be used by overzealous and / or unscrupulous characters for the recovery of debts, loans or purely civil transactions.” In fact even our Criminal Procedure Laws have frame at using Criminal process in civil transactions, civil wrong or breach of contract. Section 9(2) of the Sokoto State Administration of Criminal Justice Law No. 8 of 2019 which is equivalent to Section 8(2) of the Administration of Criminal Justice Act, 2015, provides as follows:“A suspect shall not be arrested merely on a civil wrong or breach of contract.” It is also trite law that a statutory body is under a legal obligation to operate within the dictate of the law setting it up, and where it acts outside the law setting it up or conferring power on it, such act irrespective of the objective, will amount to a nullity. - Knight Frank and Rutley Nig. Ltd V.AG Kano State (1998) 4SC 251 at 261-262. - Nyame V.FRN (Eupra) at 403. The Applicant by paragraphs 7-20 of their supporting affidavit together with Exhibits ‘A’ and ‘B’ annexed there under supported by Exhibit 1 annexed to the respondent’s counter affidavit, have graphically placed material facts explaining the civil nature of the relationship between the Applicant’s Company and Sokoto State Government as well as what the N419,744,612.30 paid by Sokoto State Government to the Applicant’s Company were meant for and the circumstances leading to his arraignment before this court in charge No. SS/34c/2021 an allegation of criminal breach of trust. Page 28 of 31

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