Counsel to the 2nd and 3rd respondents in opposing the grant of
the grant of the applicant’s application, also submitted in
paragraph 4:04 of their adopted written address that by the
contents of their counter affidavit and the annextures
annexed thereunder, it was the occurrence of the breach of
peace in the area of the applicant leading to the commission of
the offence’s of criminal conspiracy, house trespass, assault
and causing hurt reported to the 2nd respondent for
investigation that called for the action taken by the 2nd
respondent.
It was their further submission that by the provisions of
sections 214 (2) (b) of the CFRN 1999 as amended and 4 of
the police Act Cap. P 19 LFN 2004, the police including 2nd and
3rd respondents, have been empowered to protect life and
properties, prevent and detect crime, apprehend offenders
and maintain law and order among others.
- Fawehinmi V. LGP {2002} 7 NWLR pt 747 p 606 at
670
2nd and 3rd respondents’ counsel submitted that the 2nd
respondent having received a complaint of the commission of
crimes, owed a statutory duty to discharge his obligation by
exercising his discretionary power of invitation, arrest or
detention of the alleged offenders within the contemplation
of the law, as abdicating its responsibility may influence the
aggrieved to resort to self-help which may lead to breakdown
of law and order in the society.
- Okochi V. Amankwi {2008} 18 NWLR pt 851 p 28
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