IT IS NOT DUTY OF THE POLICE TO ENFORCE DEBT OBLIGATIONS OR HELP PARTIES TO RECOVER DEBTS
It is common in Nigeria for business people who entered into contractual relationships to invite the Police for purpose of enforcing debt obligations or to ask them to recover debts. The courts insist that this procedure is wrong and without the fiorce of law.
Those who still wallow in ignorance should read the case below to be properly informed about that brazen illegality.
OHANEDUM & ANOR v. C.O.P (IMO STATE) & ORS
(2015) LPELR-24318(CA)
Issue
POLICE – DUTY OF POLICE –
Ratio
Duty of police not to allow themselves to be used for private scores
Principles
“We have stated repeatedly that the Police has no business in enforcing debt obligations or helping Parties to settle or recover debts. See the case of Oceanic Securities International Ltd vs Balogun & Ors (2013) ALLFWLR (pt.677) 633. See also the case of Ibiyeye & Anor vs Gold & Ors (2012) ALLFWLR (pt.659) 1074, where this Court said: “I have to add that the resort to the Police by parties for recovery of debts outstanding under contractual relationship has been repeatedly deprecated by the Court.
The police have also been condemned and rebuked several times, for abandoning its primary duties of crime detection, prevention and control to dabbling in enforcement or settlement of debts and contracts between quarrelling parties, and for using its coercive powers to breach citizen’s rights and/or promote illegalities and oppression. Unfortunately, despite all the decided cases on this issue, the problem persists and the unholy alliance between aggrieved contractors/creditors with the Police remains at the root of many fundamental rights breaches in our Courts.” See also Yusuf Umar vs Salam & Ors (2001) 1 CHR 413.” Per ITA GEORGE MBABA, JCA (Pp 38 – 39 Paras F – E)
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