Lawyer Reveals What To Do If Police Are Used To Arrest You Over Debt

• A Nigerian lawyer, Atanda, has explained that debt recovery is a civil matter and the police have no legal authority to arrest someone over a simple debt.
• He advised individuals to remain calm, comply with officers if necessary, and later file a lawsuit for unlawful arrest and damages.

A Nigerian lawyer identified as Atanda has sparked discussions online after sharing advice on what individuals should do if someone attempts to use the police to recover a debt.

In a post shared on his Facebook page, the lawyer explained that owing money is a civil matter and does not give anyone the legal right to involve the police in collecting the debt.

According to him, the police are prohibited from acting as debt collectors under the Police Act 2020 and the Administration of Criminal Justice Act.

“You are owing someone money and the person brought Police to arr£st you, this is what you should do,” he wrote.

“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.”

He added that when such situations arise, individuals should ask the police officer for identification and calmly explain that the issue is a civil dispute.

“Ask the Police officer for his ID and take note of his name. Calmly tell the officer it’s a civil matter,” he said.

However, the lawyer advised that if the officer insists on making an arrest, the individual should comply peacefully and avoid resisting the arrest.

“If the officer insist on arr£sting you, don’t resist the arr£st. Follow him,” he wrote.

Atanda further explained that signing a repayment undertaking requested by the police does not make the agreement legally enforceable in court.

“That undertaking is not enf0rceable anywhere, so no f£ar at all,” he stated.

He also advised victims to take legal action after their release.

“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,” he added.

The lawyer concluded by reminding Nigerians that understanding the law is important, stating that “Ignorance of the law is no excuse.”