Lawyer faults Portable’s arrest, says Police not debt recovery agency

Abuja-based legal practitioner Pelumi Olajengbesi has criticized the arrest and detention of Lagos-based singer Habeeb Okikiola, popularly known as Portable, by the Nigeria Police over debt-related matters.

Olajengbesi argued that the police exceeded their statutory functions, as the law does not authorize them to arrest individuals over debt issues. Portable was reportedly arrested in Lagos for failing to pay for a G-Wagon vehicle he purchased.

In a statement released on Wednesday in Abuja, Olajengbesi acknowledged Portable’s controversial nature but condemned the police’s approach to debt recovery, describing it as a blatant disregard for the country’s laws.

“The mode of arrest highlights the deteriorating state of the Nigerian Police force. It’s crucial to note that indebtedness is not a criminal offense, 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 pretenses, cheating, or criminal breach of trust.

“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 is not a debt recovery agency and 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 therefore pleaded with the Nigerian Police Force not to reduce its esteem but to always act within the ambit of the law that established it.