It is settled law in Nigeria that the Police are not debt recovery agents and should not be used to recover civil debts.
Where a dispute arises from a simple contract, loan, business transaction, supply of goods, or other civil obligations, the proper remedy is to approach a competent court of law and not the Police.
The powers of the Police under Section 4 of the Police Act are primarily for the prevention and detection of crime, apprehension of offenders, preservation of law and order, and protection of lives and property.
The Police have no statutory duty to recover debts arising from purely civil transactions.
The Nigerian Courts have consistently condemned the practice of using the Police to intimidate, harass, arrest, or detain persons over alleged debts.
In McLaren v. Jennings (2003) 3 NWLR (Pt. 808) 470, the Court of Appeal held that the Police are not debt collectors and should not be involved in enforcing civil obligations. Similarly, in Oceanic Securities International Ltd v. Balogun (2012) LPELR-9218(CA), the Court frowned upon the use of the Police in matters that are purely civil in nature.
Therefore, where a debt remains unpaid for 30 days or more, the creditor is not entitled to use the Police to recover such debt merely because payment is overdue.
The appropriate step is to issue a demand letter through a legal practitioner and, where necessary, commence a civil action in court for recovery of the debt.
However, where the transaction involves elements of criminality such as obtaining by false pretence, fraud, forgery, stealing, or issuance of dud cheques, the Police may investigate the criminal aspect of the matter. Even then, the criminal process must not be used as a tool for recovering the debt.
The law is clear: a debt does not become a criminal offence merely because it has remained unpaid for 30 days, 60 days, or any period whatsoever. Debt recovery is generally a civil matter to be determined by the courts, not by the Police.
Know your rights. The Police are not debt recovery agents.
#ihopethiseducatessomeone.
Written by Barrister Bukola Aremu
