It is fast becoming the norm that the law enforcement agents particularly the police are readily contacted and engaged to recover debts from debtors. And the police in their usual gestapo approach adopts all draconian means including arrest, torture or intimidation to recover the said debt. This practice in all its forms is illegal and has no legal footing. The proper channel to recover debt is to maintain an action in a court of competent jurisdiction.
It is often the case that the police in resorting to these crude approach towards recovering debt, wantonly infringes on the right of the debtor. And when such infringement is challenged, they are quick to arraign the debtor on trumped up charges of criminal breach of trust, obtaining by false pretense, criminal intimidation among others, without any fact or evidence.! The vast majority of such cases are usually struck out for want of diligent. This practice only exposes crass incompetence and unprofessionalism on the part of the police.
Police are given a duty under section 4 of the Police Act to prevent and detect crime, apprehend offenders, preserve law and order, protect life and property and enforce all laws and regulations with which they are directly charged… Chief Gani Fawehinmi v. Inspector-General of Police (2002)5 S. C. (Pt. I) 63
There is nothing criminal in owing debt. There is no legal justification for the police to meddle/interlope into purely civil transaction. No lawful excuse exists to arrest a person for transactions like breach of contract to supply goods, non-payment of rents etc, which has no criminal coloration whatsoever. The law enforcements agents need to come to this realization!
It has been held that the Nigeria Police Force is not statutorily empowered to arrest or detain persons for purpose of collecting debt or rent. See Ogbonna v. Ogbonna (2014) LPELR-22308 CA, Mclaren v. Jennings (2003) 3 NWLR (Part 808) Page 470 at page 484-5 Para E-B per Salami JCA (as he then was)
The Police are not and should not in any community of civilized people be used as debt or levy collectors, or in the resolution or settlement of disputes amongst people, as such use of policemen often leads to infringement of the fundamental rights of others. See Igwe v. Ezeanochie (2010) 7 NWLR (Part 1192) Page 61, at page 93, Paras B-C per Ariwoola JCA (as he then was)
The EFCC just like the Police are also not Debt Recovery Agent. The position was stated in a very lucid and clear manner by Bage J.S.C in Diamomd Bank Plc. v. H. R. H Eze (Dr.) Peter Opara & Ors. (2018) LPELR-43907 (SC) Pages18-30 Pargs B-B thus:
“It is important for me to pause and say here that the powers conferred on the 3rd Respondent, i.e the EFCC to receive complaints and prevent and/or fight the commission of Financial Crimes in Nigeria pursuant to Section 6 (b) of the EFCC Act (Supra) does not extend to the investigation and/ or resolution of disputes arising or resulting from simple contracts or civil transactions in this case. The EFCC has an inherent duty to scrutinize all complaints that it receives carefully, no matter how carefully crafted by the complaining party, and be bold enough to counsel such complainants to seek appropriate/ lawful means to receive their disputes. Alas! The EFCC is not a debt recovery agency and should refrain from being used as such.
What is even more disturbing in recent times is the way and manner the Police and other securities agencies, rather than focus on their statutory functions of investigations, preventing and prosecuting crimes, allow themselves to be used by overzealous characters for the recovery of debts arising from simple contracts, loans or purely civil transactions. Our security agencies particularly the police, must know that the citizenry’s confidence in them ought to first be ensured by the agencies themselves by jealously guiding the integrity of the uniform and powers conferred on them.
The beauty of salt is in its taste. Once salt loses its taste, its value is irredeemably lost. I say this now and again, our security agencies particularly the police, are not debt recovery agencies. The agencies themselves need to first come to this realization, shun all entreaties in this regard and they will see the confidence gradually restored in them.
Where we are now in this country is that place where our “Men in black and blue” command almost no respect from the citizenry because of how low we have sunk…”
Even if a crime is alleged to have been committed, the police and other law enforcement agents has a duty to thoroughly and intelligently investigate it with a view to bringing the perpetrators of the crime to justice.
This is because they are supposed to be law enforcement agents. They are supposed to protect and be trusted by the people. But this trust, particularly on the police is largely lost. Our law reports are replete with such cases. It is time the police do a volte-face to this issue if they have to start the process of salvaging their steadily waning image in this country.
Having stated that the police and other law enforcement agents have no business helping parties to settle or recover debts, a party who employs them to violate the rights of a citizen should also be ready to bear the consequences.
There should be end to lawlessness and impunity.
SEPREBOFA M. OYEGHE ESQ.
Abuja, Nigeria.
seprebofaoyeghe@gmail.com.