An Abuja-based legal practitioner, Pelumi Olajengbesi, has stated that the police have no business arresting people for debt recovery issues.
The legal practitioner had therefore, faulted the arrest and detention of Lagos-based singer, Habeeb Okikiola, also known as Portable for debt related issues.
Recall that the Nigeria police had arrested for failing to settle the N14m debt accrued from the purchase of a car.
In a viral video, the controversial music star was seen attempting to evade arrest by jumping over a gate on Tuesday.
Also, in another video, Portable was seen being forcibly carried by four police officers into a waiting vehicle.
But reacting to the development, Olajengbesi frowned at the actions of the police in arresting Portable.
He maintained that the arrest and the method of debt recovery employed by the Nigerian Police Force was in blatant disregarded to the country’s laws.
Olajengbesi said, “The mode of arrest highlights the deteriorating state of the Nigerian Police force. It’s crucial to note that indebtedness is not a criminal offence. 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 pretences, cheating, or criminal breach of trust.”
The lawyer stated that under 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. vs 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 vs Commissioner of Police (2020) LPELR-49378(SC), the Supreme Court emphasized that ‘the police are not a debt recovery agency. And, therefore, should not intervene in contractual disputes arising from purely civil transactions.’
“Additionally, the Court of Appeal, in Imam & Another vs USMAN & Another (2023) LPELR-60203(CA), reiterated this position,” the lawyer stated.
Olajengbesi appealed to the Nigerian Police not to diminish its reputation. But to rather, consistently operate within the confines of the law that established it.
Portable spent the night in police custody after failing to meet the bail requirements for his release.
source: Punch