₦airaland Forum

You are owing someone money and the person brought Police to arrest you, this is what you should do.

At first, the police have no legal authority to arrest 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 debt collectors

Meaning that, the Police officer the person brought to arrest you, is on illegal duty and is on a mission to perform illegal arrest.

So at this point.

1. Ask the Police officer for his ID and take note of his name

2. Calmly tell the officer it's a civil matter

3. If the officer insist on arresting you, don't resist the arrest. Follow him

4. If they ask you to sign any undertaking of when you will pay back, sign it

That undertaking is not enforceable anywhere, so no fear 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 illegal arrest with unlawful detention

In the suit, demand for damages of 50 Million Naira

Ignorance of the law is no excuse

For your mind you made sense abi? You're owing someone money, without remorse, you will still go ahead to sue... Rubbish and ingredients.. If you had paid the debt, all these shots wouldn't happen... Got that?

Wealthyonos:
For your mind you made sense abi? You're owing someone money, without remorse, you will still go ahead to sue... Rubbish and ingredients.. If you had paid the debt, all these shots wouldn't happen... Got that?

The guy made a whole lot of sense. Yes, he is owing money, does not make the individual a criminal. Police should not be involved in purely civil cases.

Wealthyonos:
For your mind you made sense abi? You're owing someone money, without remorse, you will still go ahead to sue... Rubbish and ingredients.. If you had paid the debt, all these shots wouldn't happen... Got that?

Owing someone money is not a criminal offense, your creditor has no rights to arrest you. You're within your rights to sue anyone for wrongly arresting you

So how do you go about people owing us money the right way?

Another OT from a crook Nigerian Lawyer.

1. Who should enforce the law in a civil matter? Aren’t domestic abuse incidents civil? Why do police intervene in those?

2. Stop posting AI slop.

MamaFryo:
You are owing someone money and the person brought Police to arrest you, this is what you should do.

At first, the police have no legal authority to arrest 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 debt collectors

Meaning that, the Police officer the person brought to arrest you, is on illegal duty and is on a mission to perform illegal arrest.

So at this point.

1. Ask the Police officer for his ID and take note of his name

2. Calmly tell the officer it's a civil matter

3. If the officer insist on arresting you, don't resist the arrest. Follow him

4. If they ask you to sign any undertaking of when you will pay back, sign it

That undertaking is not enforceable anywhere, so no fear 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 illegal arrest with unlawful detention

In the suit, demand for damages of 50 Million Naira

Ignorance of the law is no excuse

This is normally a civil case but can easily become otherwise if other factors arise or present and am not in-support of the nonsense up there

When you are looking for the money u are pleading and begging and now is time to pay back you know want pay claiming it a civil case the thunder wey go fire you still they do rehearsal


Now back to the factors that can change it from civil cases

One , the person (creditor) approached you for his or her money but instead of pleading for mercy and more time but you used to start shouting and threatening the person that you would deal with him and not you will show him Pepper. The case as more from just debt to threats to life and threats of life is not a civil case but a serious crime in Nigeria, punishable under the Criminal Code Act (Section 323) with up to 7 years imprisonment for written threats to murder

It's purely a civil matter. Not a criminal case 🤷🏽‍♀️

saintopus:
The guy made a whole lot of sense. Yes, he is owing money, does not make the individual a criminal. Police should not be involved in purely civil cases.

I always wonder.

Are police supposed to be arresting people for owing other people money in the first.??

saintopus:
The guy made a whole lot of sense. Yes, he is owing money, does not make the individual a criminal. Police should not be involved in purely civil cases.

.
Owing without paying should be a criminal offence. We shall make it a criminal offence in the penal code very soon. So go and pay up your debts so that you will not be one of the first set of people to be locked up and sentenced accordingly.

You are not serious at all..

Experience they say is the best teacher. This write-up and points made by the OP are very valid points. Regrettably, I learnt it myself at the station.

I had arrested someone for owing me. On getting to the station, the Police men pulled me aside and broke the news to me. They even advised me to accept whatever terms of settlement that the person proposed. Fear catch me.

That was after paying heavily for mobilization and settling all the who is whos at the station. Las las, as the person was paying me, the Police people were deducting 10% from every payment. Body bite me.

After that day, I made it my life's mission to never borrow anyone huge sum of money. No matter the story, na small thing I go just give you. If you pay back, fine. If you don't, your problem.

Dey play, till when them catch you first then you go know that time, you no go even see road ask all this things.
E be you dey owe people money well well,
Bro do you know how painful it is for you to genuinely borrow someone's money but when is time to pay back, the person is now turning you around

Wealthyonos:
For your mind you made sense abi? You're owing someone money, without remorse, you will still go ahead to sue... Rubbish and ingredients.. If you had paid the debt, all these shots wouldn't happen... Got that?

Police can only arrest if debtor absconded or threatened the creditor with proof. If he didn't do anything incriminating, the officer stands the risk of losing his job as well. Know your right. Indebtedness isn't a criminal offence. Anything can happen and lead to default. You negotiate with creditors instead of suing them for damages on a gentleman basis.

MamaFryo:
......Once you are out

File a suit against the person you owe and the Police Officer for breach of your fundamental human right and illegal arrest with unlawful detention

In the suit, demand for damages of 50 Million Naira.....

..

I am still waiting to see anyone who would ask “Is this in any Nigerian Court??”


..

(Whenever I talk about the electoral laws,, lots of people would be asking me “Is this in any Nigerian Court??”)

Are you encouraging them to be ungrateful ? Don't forget that universe always pay us everything we do.
Some years back, that one asked for 20k to use as transportation come back to Lagos in January. As a foolish man that I was, I sent him 30k feeling he is my friend.
When he came back, I wasn't his friend again. It was December that year before he pay 20k telling me that 20k was what he asked for in the first place.
I no swear for him. I no fight. But today he can't even afford transport to go village again. Em yehyeh wife don liv am.

God dey vex oh

Wealthyonos:
For your mind you made sense abi? You're owing someone money, without remorse, you will still go ahead to sue... Rubbish and ingredients.. If you had paid the debt, all these shots wouldn't happen... Got that?

How do these people pass comprehension in English? Did they do quantitative reasoning and pass their SSCE exams?? Dude isn’t teachable and he’s not learnable.

ravensckar:
Experience they say is the best teacher. This write-up and points made by the OP are very valid points. Regrettably, I learnt it myself at the station.

I had arrested someone for owing me. On getting to the station, the Police men pulled me aside and broke the news to me. They even advised me to accept whatever terms of settlement that the person proposes. Fear catch me.

That was after paying heavily for mobilization and settling all the who is whos. Las las, as the person was paying me, the Police people were deducting 10% from every payment. Body bite me.

After that day, I made it my life's mission to never borrow anyone huge sum of money. No matter the story, na small thing I go just give you. If you pay back, fine. If you don't, your problem.

Chaaiii..

This story now is so touching.

So, na you wey come dey for loss finally finally?

😂😂😂for where?
Naija wei we dei??
I go dei read this kind things dei wonder if na another naija I dei different from all these ppl

MamaFryo:
You are owing someone money and the person brought Police to arrest you, this is what you should do.

At first, the police have no legal authority to arrest 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 debt collectors

Meaning that, the Police officer the person brought to arrest you, is on illegal duty and is on a mission to perform illegal arrest.

So at this point.

1. Ask the Police officer for his ID and take note of his name

2. Calmly tell the officer it's a civil matter

3. If the officer insist on arresting you, don't resist the arrest. Follow him

4. If they ask you to sign any undertaking of when you will pay back, sign it

That undertaking is not enforceable anywhere, so no fear 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 illegal arrest with unlawful detention

In the suit, demand for damages of 50 Million Naira

Ignorance of the law is no excuse

Maybe you just finished newly from Nigeria Law school. A good lawyer will recommend the best legal way to recover debt. Or you think someone you are owning will just forget his Money without arresting the debtor. Learner

[quote author=Wealthyonos post=138700774]For your mind you made sense abi? You're owing someone money, without remorse, you will still go ahead to sue... Rubbish and ingredients.. If you had paid the debt, all these shots wouldn't happen... Got that? [/quote
He is speaking from a legal aspect. At least learn from this. This is one of the reasons Nigeria police has lot of illegal power cause people like you involve them in business that is not theirs

All this can only happen in Nigeria...

Wealthyonos:
For your mind you made sense abi? You're owing someone money, without remorse, you will still go ahead to sue... Rubbish and ingredients.. If you had paid the debt, all these shots wouldn't happen... Got that?

If it is lawful to be arresting debtors like that I assure you that most of these business mogul will always be in police custody.

Most of you in this country are very wicked, if you’re the one someone is owning just beg plead everyday so that you can get your money back. Nonsense

Just make sure it does not involve fraud. Defrauding people is diffrent from owing people money. If you defraud people and think you can claim civil case, you are a joker. Police will arrest you, secure you and detain you. After, EFCC takes over your case and thank your star if you don't get judgement that will send you to prison and you will still pay restitution or you go back to prison.

Make sure you do not breach a contract.
If you fail to perform your part of contract like performing a service. Say you are a construction engineer or you are stealing from an account that someone entrusted in your care.

If owing people is a civil case, why are government officials being tried in court for stealing.
Just make sure that condition that will change your civil case to criminal is not present while avoiding to pay your debt. You will be sued civily and criminally if it is present.


In the process of your arrest and you assault police officer. You Don buy market. That is a criminal offence.

People who don't know the law will come for you but truth is, as bad as Nigeria is. Certain law works.

Someone paid for a property that cost 25 million with the agreement to split the payment 5 times. he paid the initial deposit of 5 million and packed into the house. he defaulted countless times to pay up the other parts. the owner got angry and arrested him. he was locked up for a week. after he came out, he filed a lawsuit against the seller and the police force. after several adjournment as usual. The judge declared the arrest illegal and that the man should be paid 5 million for damages. The judge said if the man defaulted. the seller should have simply used the court to eject him.


The more I read all the comments on this thread, the more I'm happy the poster made such post. many Nigerians are ignorant. they think because Nigeria is bad, anything goes. Nobody is encouraging people to borrow money and not pay. all the post is saying is, there is a right and legal way to go about recovery.

Wealthyonos:
For your mind you made sense abi? You're owing someone money, without remorse, you will still go ahead to sue... Rubbish and ingredients.. If you had paid the debt, all these shots wouldn't happen... Got that?

What would the person be suing for? It is for unlawful arrest and detention. The guy is explaining how to handle such a situation within the law ...what have you learned? ...nothing. This is our problem ... we disregard the law and use "common sense" ...then when we get to court ...we have nothing to say ...no defense ...or what we have to say amounts to nothing in the eyes of the law. Some people make a living out of unlawful arrest followed by lawsuits. The one who is owed money needs to take the matter to Civil Court ...not go get Police...and Police should know arresting someone under such situation is illegal

We need educative post like this on this forum so people especially Nigerians can be educated and informed on their right when abuse is steering them in the face

What's now the best way to handle a debtor . You borrowed someone money and he or she is acting like he won't be paying it.

komols856:
Maybe you just finished newly from Nigeria Law school. A good lawyer will recommend the best legal way to recover debt. Or you think someone you are owning will just forget his Money without arresting the debtor. Learner

How does arresting a debtor get you your money back?

Its because of people like you with this post is needed....