THE POLICE AS DEBT COLLECTORS?

Written by:Barr. Olukemi Adeyinka Akobe O.A.Akobe & Associates

Attempting a definition of the word ‘contract’, in the case of Orient Bank Nigeria Plc v Bilante Inter Ltd ( 1997)8 NWLR (pt. 515)37Ratio 2 at p.76 Paras “C-E”, the court stated that

“A contract is an agreement between two or more parties which creates reciprocal legal obligation or obligations to do or not to do a particular thing. For a valid contract to be formed, there must be mutuality of purpose and intention. The two or more minds must meet at the same point, event or incident. They must be saying the same thing at the same time. They must not be saying differentthings at different times.”

From the picture painted by the definition, the question which comes to mind is –

Why do people who are of the opinion that the terms of contract between them and other people have been breached or who Feel they are no longer on the same page with parties to a particular contract arrangement deem it fit to patronize the police as debt collectors?

The Court in the case of Jim-Jaja V. (1) C.O.P (2) Inspector Alari (SIIB) (3) Nelson Douglas (2011)2 NWLR (part 1231) 375 at p.392, held that

The police duties under the relevant statutes including the police Act do not enjoin the police to act as debt collectors. Debt collection is therefore ultra vires their enabling statutes.

Once a transaction is in a form of a contract the police are enjoinedto exercise restraint.

The court in the instant case further held that, the 1st and 2nd Respondents had no plausible Justification for the arrest and detention of the Appellant based on the 3rd Respondent’s complaint which prima facie shows a civil contractual dispute and that they were invited or instigated by an acclaimed money lender to act as his debt collector.