Introduction
Commercial relationships are built on trust, contractual obligations, and the expectation that parties will honour their commitments. Whether arising from personal loans, tenancy agreements, the supply of goods and services, or other commercial transactions, debts are an inevitable aspect of business and everyday life. However, when a debtor defaults, some creditors resort to reporting the matter to the Police with the expectation that the threat or reality of arrest will compel repayment.
This practice has become increasingly common in Nigeria and raises an important legal question:
Can the Police lawfully arrest a person merely because he or she owes a civil debt?
The answer, in law, is No.
The Nigerian legal system draws a clear distinction between civil liability and criminal liability. A person's failure to repay a debt or fulfil a contractual obligation does not, without more, amount to a criminal offence. Consequently, the Nigeria Police Force cannot lawfully be used as an instrument for recovering civil debts or enforcing private contractual obligations.
This article examines the constitutional, statutory, and judicial framework governing the issue while highlighting the rights of citizens and the lawful remedies available to creditors.
Understanding Civil Debt
A civil debt arises where one person is legally obliged to pay money or perform an obligation in favour of another pursuant to a contract, agreement, or any other legally recognised transaction.
Common examples include:
- Unpaid personal or commercial loans;
- Outstanding invoices for goods supplied;
- Rent arrears;
- Breach of contractual obligations;
- Unpaid professional fees; and
- Failure to pay for services rendered.
These obligations ordinarily give rise to civil proceedings before a court of competent jurisdiction. They do not automatically amount to criminal offences.
Constitutional Protection of Personal Liberty
The Constitution of the Federal Republic of Nigeria, 1999 (as amended) is the supreme law of the land and guarantees every citizen certain fundamental rights.
Right to Personal Liberty
Section 35(1) of the Constitution provides that every person is entitled to personal liberty and shall not be deprived of that liberty except in circumstances authorised by law.
Accordingly, every arrest or detention must have a lawful basis. Where a person is arrested solely because of a civil debt, without the commission of any criminal offence, such arrest may amount to an unlawful violation of the constitutional right to personal liberty.
No Crime Without a Written Law
Section 36(12) of the Constitution further provides that no person shall be convicted of a criminal offence unless that offence is defined and the penalty prescribed in a written law.
This constitutional safeguard reinforces the principle that failure to repay money or perform a contractual obligation is not, by itself, a criminal offence unless the conduct satisfies the ingredients of an offence created by statute.
The Role of the Nigeria Police Force
The statutory duties of the Nigeria Police Force are set out in Section 4 of the Police Act, 2020.
These duties include:
- Prevention and detection of crime;
- Apprehension of offenders;
- Preservation of law and order;
- Protection of life and property; and
- Enforcement of all laws and regulations.
These statutory functions clearly demonstrate that the Police exist primarily as a law enforcement agency responsible for preventing and investigating crime.
They are not debt recovery agents.
Section 32(2) of the Police Act, 2020
The legal position has been expressly settled by Section 32(2) of the Police Act, 2020, which provides:
"A person shall not be arrested merely on a civil wrong or breach of contract."
Similarly, Section 8(2) of the Administration of Criminal Justice Act, 2015 states:
"A suspect shall not be arrested merely on a civil wrong or breach of contract."
These provisions were enacted to prevent the misuse of police powers in resolving private disputes and recovering civil debts.
Civil Liability Is Different from Criminal Liability
One of the most common misconceptions is that every failure to repay money amounts to fraud.
This is legally incorrect.
Civil liability concerns the enforcement of private rights and obligations arising from contracts or other recognised legal relationships.
Criminal liability, on the other hand, arises where a person's conduct constitutes an offence defined by law and punishable by the State.
Accordingly, the mere existence of a debtor-creditor relationship does not transform a civil transaction into a criminal matter.
Judicial Attitude Towards Police Involvement in Debt Recovery
Nigerian appellate courts have consistently condemned the use of police powers to recover debts or settle disputes that are fundamentally civil in nature.
In McLaren & Ors. v. Jennings (2003) 3 NWLR (Pt. 808) 470, the Court of Appeal emphasised that the Police should not be used as debt collectors or as instruments for enforcing contractual obligations.
Similarly, in Oceanic Securities International Ltd. v. Balogun (2012) 17 NWLR (Pt. 1329) 94, the Court of Appeal criticised the use of criminal investigative processes to exert pressure in disputes that are essentially civil.
Likewise, Ibiyeye v. Gold (2012) All FWLR (Pt. 659) 1074 reaffirmed that the Police should not interfere in matters that are essentially civil and warned against the abuse of police powers.
These decisions underscore the judiciary's commitment to preserving the distinction between civil disputes and criminal offences.
When Can the Police Lawfully Intervene?
Although the Police cannot arrest a person merely because a debt exists, they may lawfully investigate where credible facts disclose the commission of an independent criminal offence.
Examples include:
- Obtaining by false pretence;
- Criminal breach of trust;
- Forgery;
- Fraud;
- Stealing;
- Conspiracy;
- Uttering forged documents; and
- Identity theft.
In such situations, the Police investigate the alleged criminal conduct—not the debt itself.
It is therefore important to appreciate that while every fraud may involve money, not every unpaid debt amounts to fraud.
Where a transaction that began as a civil relationship later reveals evidence of fraud or another criminal offence, nothing prevents a complaint from being made to the Police regarding that criminal conduct.
Burden of Proof
By virtue of Sections 131–133 of the Evidence Act, 2011, the burden rests on the party alleging criminal conduct to establish the facts necessary to support that allegation.
Where fraud or any other criminal offence is alleged, credible evidence must establish each essential element of the offence.
Mere suspicion is insufficient.
Likewise, inability or refusal to repay money does not, without additional criminal elements, establish criminal liability.
Lawful Methods of Recovering Civil Debts
The law provides creditors with several legitimate avenues for recovering debts.
These include:
- Instituting civil proceedings before a court of competent jurisdiction;
- Applying for summary judgment where appropriate;
- Negotiation and settlement;
- Mediation;
- Arbitration where agreed by the parties; and
- Enforcing a judgment through recognised judicial processes such as garnishee proceedings, writs of execution, attachment of property, or other lawful enforcement mechanisms.
These procedures ensure that the rights of both creditors and debtors are protected while upholding the principles of due process.
Rights of a Person Arrested
Where a person is arrested, he or she remains entitled to important constitutional and statutory rights, including:
- The right to be informed promptly of the reason for the arrest;
- The right to remain silent or decline to answer questions until after consulting a legal practitioner;
- The right to consult and be represented by a legal practitioner of his or her choice;
- The right to be brought before a court within the period prescribed by law where continued detention is intended; and
- The right to challenge unlawful arrest or detention and seek appropriate legal remedies.
Any arrest carried out solely to compel repayment of a civil debt may expose the responsible authorities to civil liability for the violation of fundamental rights.
Practical Guidance for Creditors
Creditors should resist the temptation to use the Police as debt recovery agents.
Before making a complaint, they should carefully consider whether the facts disclose a genuine criminal offence or merely a breach of contract.
Where the dispute is purely civil, the appropriate course is to commence proceedings before a competent court or explore alternative dispute resolution mechanisms such as mediation or arbitration.
Using threats of arrest to compel repayment may itself expose the complainant to legal consequences if the arrest is ultimately found to be unlawful.
Practical Guidance for Debtors
Debtors should appreciate that financial obligations remain legally enforceable even though they are generally civil in nature.
Where repayment becomes difficult, it is advisable to communicate openly with the creditor, negotiate realistic repayment terms, and seek legal advice where necessary.
Where a debtor is unlawfully arrested over a purely civil debt, prompt legal representation should be sought to challenge the arrest and pursue appropriate remedies, including an action for the enforcement of fundamental rights.
Frequently Asked Questions (FAQs)
Can the Police arrest someone simply because they owe money?
No. Nigerian law prohibits the arrest of a person merely because he or she owes a civil debt or has breached a contract.
Can a creditor report a debtor to the Police?
A creditor may report a matter to the Police where there is credible evidence of an independent criminal offence, such as fraud or forgery. However, where the dispute concerns only the recovery of a debt or breach of contract, the appropriate remedy is a civil action before the courts.
What should I do if I receive a Police invitation over a debt?
Do not ignore the invitation. Seek legal advice immediately. A lawyer can assess whether the complaint concerns a genuine criminal allegation or an attempt to use the Police to recover a civil debt.
Can I sue for unlawful arrest over a civil debt?
Yes. Where an arrest or detention is carried out solely to compel payment of a civil debt, the affected person may institute an action for the enforcement of his or her fundamental rights and claim appropriate remedies, including damages where justified.
How can a creditor legally recover a debt?
Creditors may recover debts by commencing civil proceedings before a competent court or by exploring lawful alternative dispute resolution mechanisms such as negotiation, mediation, or arbitration where appropriate.
Conclusion
The legal position in Nigeria is well settled. A person cannot lawfully be arrested merely because he or she owes a civil debt or has failed to perform a contractual obligation. Both Section 32(2) of the Police Act, 2020 and Section 8(2) of the Administration of Criminal Justice Act, 2015 expressly prohibit arrest merely on the basis of a civil wrong or breach of contract. This statutory protection is reinforced by the constitutional guarantee of personal liberty and the consistent approach adopted by Nigerian courts in discouraging the misuse of police powers for debt recovery.
Where, however, the facts disclose an independent criminal offence such as fraud, forgery, obtaining by false pretence, or criminal breach of trust, the Police remain empowered to investigate and, where appropriate, arrest in accordance with the law.
Creditors should therefore pursue lawful civil remedies through the courts, while debtors should honour their legal obligations and seek constructive solutions where disputes arise. Respect for due process not only protects individual rights but also strengthens public confidence in Nigeria's justice system.
Key Legal Authorities
Constitution of the Federal Republic of Nigeria, 1999 (as amended)
- Section 35 – Right to Personal Liberty.
- Section 36(12) – No conviction except for an offence prescribed by written law.
Police Act, 2020
- Section 4 – Functions of the Nigeria Police Force.
- Section 32(2) – Prohibition of arrest merely on a civil wrong or breach of contract.
Administration of Criminal Justice Act, 2015
- Section 8(2) – Prohibition of arrest merely on a civil wrong or breach of contract.
Evidence Act, 2011
- Sections 131–133 – Burden of Proof.
Judicial Authorities
- McLaren & Ors. v. Jennings (2003) 3 NWLR (Pt. 808) 470.
- Oceanic Securities International Ltd. v. Balogun (2012) 17 NWLR (Pt. 1329) 94.
- Ibiyeye v. Gold (2012) All FWLR (Pt. 659) 1074.
Disclaimer
This publication is provided by SNATHAP Law Firm (Sun Natha-Alade & Partners) for general information and educational purposes only. It does not constitute legal advice and should not be relied upon as a substitute for professional legal counsel.
The application of the law depends on the specific facts and circumstances of each case. Readers are encouraged to obtain independent legal advice before taking or refraining from taking any action based on the contents of this publication.
Nothing contained in this article creates a solicitor-client relationship between the reader and SNATHAP Law Firm or any of its legal practitioners.
If you require legal advice or representation in relation to debt recovery, unlawful arrest, police investigations, contractual disputes, commercial litigation, or the enforcement of fundamental rights, SNATHAP Law Firm is available to provide practical, strategic, and result-oriented legal solutions.
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