“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.
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