POLICE – DUTY OF POLICE – Duty/Role of the police where the remedy of a nominal complainant is in a civil suit for damages for breach of contract or for an order for specific performance

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“The crux of this appeal is whether the facts narrated above gave rise to a civil claim or whether the commission of criminal offences was disclosed. My learned brother has given a thorough consideration of this issue in the lead judgment. I am in complete agreement with him that what the facts disclose is a civil complaint of breach of contract. The sum of N3.5m was paid to the appellant in furtherance of the contract between the parties. The failure to deliver the calf giraffe meant that the consideration for the contract wholly failed. The remedy of the nominal complainant was in a civil suit for damages for breach of contract or for an order for specific performance, It was the duty of the Police to advise her accordingly and to decline to proceed with the complaint. The role of the Police is clearly spelt out in Section 4 of the Police Act Cap. P19 Laws of the Federation of Nigeria 2004, to wit: “4. The Police shall be employed for the prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly charged…” per KEKERE-EKUN, J.S.C. in THEOPHILUS KURE v. COMMISSIONER OF POLICE (2020-LCER-39163-SC) at p. 28 – p. 29

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