A Nigerian lawyer, identified as Atanda, has sparked reactions online after sharing guidance on what to do if someone tries to involve the police to collect a debt.
Debt is a civil matter
Taking to his Facebook page, Atanda clarified that owing someone money does not give them the legal right to involve the police. He emphasized that debt is a civil issue, not a criminal offense, and that the police are prohibited from acting as debt collectors.
How to respond to an unlawful arrest attempt
Atanda advised that if a police officer attempts to make such an arrest, the individual should:
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Calmly inform the officer that the matter is civil.
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Request to see the officer’s identification and take note of their name.
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Comply with lawful instructions if the officer insists on proceeding, without resistance.
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Sign any repayment undertaking if requested — he clarified that such a document is not enforceable in court, so there is no cause for fear.
Taking legal action afterward
Once released, victims are encouraged to pursue legal action against both the creditor and the police officer for breach of fundamental human rights and unlawful detention, with potential claims for damages of up to ₦50 million.
Atanda wrote in full:
“If you are owing someone money and they bring the police to arrest you, here’s what you should do.
First, the police have no legal authority to arrest you for a simple debt, as it is a civil matter, not a criminal offense. According to the Police Act 2020 and the Administration of Criminal Justice Act (ACJA), the police cannot interfere in civil disputes or act as debt collectors.
Meaning the police officer brought to arrest you is acting illegally.
Ask the officer for his ID and take note of his name.
Calmly explain that it’s a civil matter.
If the officer insists on arresting you, do not resist. Follow them.
If asked to sign any undertaking to repay, sign it. It is not enforceable anywhere.
Once released, file a suit against the creditor and the police officer for breach of your fundamental human rights and unlawful detention, demanding damages of ₦50 million.
Ignorance of the law is no excuse.”
This advice has prompted discussion online, as many Nigerians reflected on the importance of knowing their rights regarding civil disputes and police authority.
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