Judicial Resistance To The Criminalisation Of Commercial Transactions
INSIGHTS FROM THEOPHILUS KURE V. COMMISSIONER OF POLICE (2020) 9 NWLR (PT. 1729) 296 SC
BY: Ahmad Eleburuike (Managing Partner)
Uzoma Winner Akuneto, Esq. (Associate)
ABSTRACT
The Supreme Court of Nigeria’s 2020 decision in Kure v. Commissioner of Police represents a landmark clarification of the boundary between civil and criminal liability in contractual transactions. The judgment addresses a disturbing trend in Nigerian commercial practice: the deployment of criminal law to settle private disputes. This article offers a critical analysis of the case, situating it within the Penal Code, broader Nigerian jurisprudence, and comparative international authorities. It argues that the misuse of criminal prosecution for breach of contract undermines the rule of law, weakens commercial confidence, and enables the powerful to weaponise state machinery against weaker parties. Drawing lessons from common law jurisdictions, this article demonstrates that criminal law must serve public, not private interests. Finally, it calls for systemic reforms across law enforcement, the Bar, and the legislature to fortify the firewall created by Kure v. Commissioner of Police against the creeping criminalisation of civil obligations.
INTRODUCTION
Nigeria’s legal system has witnessed a rising tide of cases where civil disputes, particularly involving commercial transactions, are reframed as criminal allegations. This phenomenon is symptomatic of deeper systemic failures: distrust in civil enforcement mechanisms, delay in adjudication, and the allure of swift coercion through police power.
The Supreme Court in Theophilus Kure v. Commissioner of Police decisively condemned this practice. By reaffirming the doctrinal distinction between civil wrongs and criminal offences, the judgment aligned Nigerian jurisprudence with international best practices.
This paper analyses the Supreme Court’s reasoning, contextualises it within statutory law and comparative case law, and explores its broader implications for justice delivery, economic growth, and human rights.