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POWERS OF THE POLICE: Whether the powers of the police extend to the enforcement of private contracts

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"We have held, several times, that one who procures the Police or any law enforcement agency, to dabble in a purely civil contract, to recover debt for the party to an agreement, must be ready to bear the consequences of such unlawful act of the Police/law enforcement agency, acting in abuse of their powers. See the case of Anogwie & Ors vs Odom & Ors (2016) LPELR-40214 CA; Ogbonna vs. Ogbonna (2014) LPELR- 22308; (2014) 23 WRN 48, and Abah vs UBN Plc & Ors 2015 LPELR -24758 CA, where it was held:

"We have stated repeatedly that the Police or any Law Enforcement Agency, for that matter, including the Economic and Financial Crimes Commission (EFCC) is not allowed to dabble into enforcement of civil contracts and agreements, or to engage in recovery of debts, under the pretext of doing lawful duties." See the case of Oceanic Securities International Ltd vs Balogun & Ors (2013) ALL FWLR (Pt. 677) 653; Ibiyeye & Anor vs. Gold & Ors (2012) ALL FWLR (Pt. 659) 1074. And in the case of Skye Bank Plc vs. Njoku & Ors (2016) LPELR-40447 (CA), it was held:

"...a party that employs the Police or any law enforcement agency to violate the fundamental right of a citizen should be ready to face the consequences, either alone or with the misguided agency... The Police have no business helping parties to settle or recover debt..." See again Ogbonna vs Ogbonna (2014) 23 WRN 48."

 

Per MBABA, J.C.A. IN OMUMA MICRO-FINANCE BANK NIG. LTD v. OJINNAKA CITATION: (2018) LPELR-43988(CA)



   
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