By Idris Balogun Esq.
The Supreme Court held in KURE v. C.O.P. (2020)9 NWLR Pt. 1729 Pg. 296 at 326 paras. B-G on the primary duty of the Police thus: “The primary duty of the Police by section 4 of the Police Act is the prevention of crime, investigation and detection of crime and the prosecution of offenders. See Ibiyeye v. Gold (2012)All FWLR (Pt. 659) 1074.
The police is not a debt recovery agency and has no business to dabble into contractual disputes between parties arising from purely civil transactions. See McLaren v. Jennings (2003) FWLR (Pt. 154) 528; (2003)3 NWLR (Pt. 808) 470.
When, as in the circumstances of this action, a purely civil matter is reported to the police, such a person cannot go scot-free as the report ought not to have been made at all since it is not within the purview of police duties. It is a report made mala fide and he will be equally liable for the action taken by the Police irrespective of whether he actively instigated them or not, since he had no business involving the Police in a purely civil matter in the first place.
Such conduct which portrays disregard of the law and is aimed at using the coercive powers of the State to punish a contracting party in purely civil matter ought to be mulcted in exemplary damages. See Okafor & Anor v. AIG Police Zone II Onikan &Ors (2019) LPELR-46505.
Mrs. Sokari Davies being an enlightened person knows that reporting such a matter to the Police, instead of going to court to seek for enforcement of the said contract or damages for breach of same, wickedness and mala fide.
The charges for cheating and criminal breach of trust cannot have a place against the appellant, let alone proving it to a conviction. The appellant is hereby discharged and acquitted. He in fact deserves an unreserved apology from Mrs. Sokari Davies who set unjustly and mala fide the criminal stone rolling against the appellant.”
This case reinforce various decisions of the Supreme Court on the duties of the Police not being debt collectors. It went further to hold liable a nominal complainant who report civil matters to the police for payment of damages.
•Balogun is a Lagos based attorney.
