Although Portable may be troublesome, his arrest and the method of debt recovery employed by the Nigerian Police Force is a blatant disregard to our laws. This highlights the deteriorating state of the Nigerian Police force. It’s crucial to note that indebtedness is not a criminal offense, even the Nigerian government has debts.
The courts have consistently emphasized that the police should refrain from involvement in civil matters such as debt recovery or contractual disputes, unless there are allegations of fraud, such as obtaining under false pretenses, cheating, or criminal breach of trust.
Section 32(2) of The Police Act 2020, arrests based solely on civil wrongs or breaches of contract are expressly prohibited.
In the case of Oceanic Securities Int. Ltd. v. Balogun & Ors (2012) LPELR-9218 (CA), the Court of Appeal reiterated this stance by affirming that ‘the police have no role in enforcing debt settlements or recovering civil debts for banks or any entity.’
Similarly, in KURE V. COP (2020) LPELR-49378(SC), the Supreme Court emphasized that ‘the police is not a debt recovery agency and should not intervene in contractual disputes arising from purely civil transactions.’
Additionally, the Court of Appeal, in IMAM & ANOR v. USMAN & ANOR (2023) LPELR-60203(CA), reiterated this position.
The Nigerian Police Force reducing its Esteem Globally everyday. And to Portable, resisting arrest is an offence on its own.
Pelumi Olajengbesi Esq.
Managing Partner,
Law Corridor.
