C.B.N. V. OCHIFE (2025) 12 NWLR (PT. 2000) 1
ON WHETHER NIGERIA POLICE FORCE IS A PROFIT-ORIENTED PUBLIC AGENCY
The Nigeria Police does not generate funds as it is not a profit-oriented public agency but one which renders a social service in the protection of the public and the administration of justice.
(P. 149, paras. G-H)
C.B.N. V. OCHIFE (2025) 12 NWLR (PT. 2000) 1
ON WHETHER NIGERIA POLICE FORCE IS VICARIOUSLY LIABLE FOR ACTS OF ITS OFFICERS AND PROPER PARTIES TO SUE IN ACTION AGAINST POLICE FORCE
The Nigeria Police may be vicariously liable for the actions of the officers of the Nigeria Police.
The Police can be sued through the Inspector General of Police or the Commissioner of Police (the 2nd and 3rd respondents) pursuant to sections 214, 215, and 216 of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), which recognize them as juristic persons and under the provisions of the Police Act.
However, the status of an Officer in Charge of a team in a squad in the Nigeria Police Force, such as the 4th respondent in this case, is not known as a juristic person under Nigerian jurisprudence.
(P. 147, paras. D-F)
C.B.N. V. OCHIFE (2025) 12 NWLR (PT. 2000) 1
ON NEED TO JOIN NIGERIA POLICE FORCE OR THE POLICE SERVICE COMMISSION AS PARTIES TO SUIT AGAINST OFFICERS OF POLICE FORCE AND RATIONALE THEREFOR
Per JAURO, J.S.C. at pages 93-94, paras. G-A:
“The decision of the lower court rested primarily on the reasoning that the 2nd – 4th respondents are MDAs (Ministries, Departments and Agencies) of the Federal Government and therefore had accounts with the appellant in line with the Treasury Single Account (TSA) policy of the Federal Government of Nigeria.
The 2nd – 4th respondents are evidently not Federal Government MDAs, but individuals employed by MDAs.
It has to be said that the 1st respondent’s problem originated from his failure to make the Nigeria Police Force or the Police Service Commission parties to the suit where judgment for the sum of N50 million was obtained.
Had he done that, he would probably have had a solid basis from which to proceed.”