A Nigerian lawyer, identified as Atanda, has sparked discussions online after sharing guidance on what to do if someone attempts to use the police to collect a debt.
Taking to his Facebook page, Atanda clarified that owing someone money does not give them the legal right to involve the police in collecting the debt.
He explained that debt is a civil matter, not a criminal offense, and that the police are prohibited from acting as debt collectors.
The lawyer advised that if a police officer attempts to make such an arrest, the individual should calmly inform the officer that the matter is civil and request to see their identification.
If the officer insists on proceeding, he stressed the importance of complying without resistance and following lawful instructions.
Atanda also noted that signing any repayment undertaking requested by the officer does not make it enforceable in court, so there is no cause for fear.
After release, victims are encouraged to pursue legal action against both the creditor and the police officer for breach of fundamental human rights and unlawful detention, with potential claims for damages of up to 50 million Naira.
He wrote:
“You are owing someone money and the person brought Police to arr£st you, this is what you should do.
At first, the police have no legal authority to arr£st you for a simple debt, as it is a civil matter and not a criminal offense. According to the Police Act 2020 and the Administration of Criminal Justice Act (ACJA), the police are strictly prohibited from interfering in civil disputes or acting as d£bt collectors
Meaning that, the Police officer the person brought to arr£st you, is on ill£gal duty and is on a mission to perform ill£gal arr£st.
So at this point.
- Ask the Police officer for his ID and take note of his name
- Calmly tell the officer it’s a civil matter
- If the officer insist on arr£sting you, don’t resist the arr£st. Follow him
- If they ask you to sign any undertaking of when you will pay back, sign it
That undertaking is not enf0rceable anywhere, so no f£ar at all
Once you are out
File a suit against the person you owe and the Police Officer for breach of your fundamental human right and ill£gal arr£st with unlawful detention
In the suit, demand for damages of 50 Million Naira
Ignorance of the law is no excuse”
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