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Lawyer Faults Portable’s Arrest, Says Police Not Debt Recovery Agency - Crime - Nairaland 1t2d3n

Lawyer Faults Portable’s Arrest, Says Police Not Debt Recovery Agency (26402 Views)

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Odewaleadesoye(m): 12:48pm On May 15, 2024
Abuja based legal practitioner, Pelumi Olajengbesi, has faulted the arrest and detention of Lagos based singer, Habeeb Okikiola aka Portable by operatives of the Nigeria Police over debt related matters.

The lawyer insisted that police missed the track and went out of its statutory functions as the law does not confer power to arrest over debt on the agency.


Portable was widely reported to have been arrested by the police in Lagos over his inability to pay for a G-Wagon vehicle he purchased from a motor stand.

Reacting to the development in a statement on Wednesday in Abuja, the lawyer said that although Portable may be troublesome, his arrest and the method of debt recovery employed by the Nigerian Police Force was in blatant disregard to 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.

DAILY POST

23 Likes 8 Shares

hurryup123(m): 12:52pm On May 15, 2024
How you go carry clear eye give portable motor for credit

147 Likes 12 Shares

HopeNeverDies: 12:52pm On May 15, 2024
Damnnn!!!!

Big Smoke Pelu Tobacco.... 💔

Make pesin epp me complete am...



True true, The Police has Lost its credibility. Police Department has never been a Debt Recovery Department!



Where bobrisky?? 😂😂... She/he for don talk 😹

21 Likes 2 Shares

oluwaseyi0: 12:52pm On May 15, 2024
Knowing fully well that Nigeria legal system simply doesn't work or will take centuries

So if they start fighting each other physically and start constituting nuisance in the society that will be better than involving police, right?

44 Likes 1 Share

Rico96(m): 12:52pm On May 15, 2024
Can he sue police to see if you can get money to clear his debt?

36 Likes 2 Shares

tegini: 12:52pm On May 15, 2024
Nigeria is a zoo according to nnamdi kanu... But why portable go dey buy g wagon on credit , portable fk Big time

8 Likes 1 Share

datola: 12:53pm On May 15, 2024
Yes. It's true.

However, why would the Portable jumped fence like that untop an old car. Couldn't he agree on payment or returns the car. Even Nigeria dey owe.

Could it be a stunt, staged or he's that classless

You that have been displaying wealth, properties upandan..

25 Likes 1 Share

obaidan: 12:53pm On May 15, 2024
Exactly..Nigerian Police foolish

6 Likes

Majesty7: 12:53pm On May 15, 2024
oluwaseyi0:
Nonsense lawyer

The lawyer is right.

61 Likes 4 Shares

mmadu5(m): 12:54pm On May 15, 2024
Lawyer is on point . Nigeria is a stupid country

12 Likes 1 Share

UnknownQueen(f): 12:54pm On May 15, 2024
Dear Lawyer,since indebtness isn't a criminal offence, kindly educate me on how to recover my funds from an heartless debtor who refuses to pay?

TO LEND SOMEONE MONEY IS HUMAN, BUT TO PAY BACK IS DIVINE

12 Likes 2 Shares

FreeStuffsNG: 12:54pm On May 15, 2024
Odewaleadesoye:
Abuja based legal practitioner, Pelumi Olajengbesi, has faulted the arrest and detention of Lagos based singer, Habeeb Okikiola aka Portable by operatives of the Nigeria Police over debt related matters.

The lawyer insisted that police missed the track and went out of its statutory functions as the law does not confer power to arrest over debt on the agency.


Portable was widely reported to have been arrested by the police in Lagos over his inability to pay for a G-Wagon vehicle he purchased from a motor stand.

Reacting to the development in a statement on Wednesday in Abuja, the lawyer said that although Portable may be troublesome, his arrest and the method of debt recovery employed by the Nigerian Police Force was in blatant disregard to the country’s laws.

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.

DAILY POST
Smh. See nonsense unsolicited advice.

Please don't mess up this guy's case like one guy did with the tomato paste matter that ordinarily should have ended with apology and sincere explanation of an unintended harm.


Police arrested Portable on the strength of the petition of his victim against him claiming that Portable defrauded him. To defraud is a crime , it's not same as debt recovery matter. It's even possible that the one who sold the car to Portable may not even own the car but just a middle man. I know someone who fell to this fraud and had to cough out the balance to the owner of the car he helped to clear and sell to a 'Pastor' who ended up defrauding him. My acquaintance was detained by the police when his client reported him to the police yet the 'Pastor ' he sold the car to had suddenly gone incommunicado.
Portable should just pay the balance if he doesn't want to land into a bigger problem.

May God bless Nigeria for ever! Check my signature for free stuffs!

14 Likes 1 Share

Manny21: 12:54pm On May 15, 2024
The Police are not and should not in any community of civilized people be used as debt or levy collectors, or in the resolution or settlement of disputes amongst people, as such use of Policemen often lead to infringement on the fundamental rights of others

4 Likes

abiala2015(m): 12:55pm On May 15, 2024
Believe all social media pressure at your own risk... It is a gonna

2 Likes

gerrardomendes(m): 12:55pm On May 15, 2024
Ok
mastermaestro(m): 12:55pm On May 15, 2024
This nonsense happens across the country and people ignorantly think it is normal. What's police business with debts recovery? In the first instance, is owing money a criminal offence? E go tey before this country go get head o. sad

11 Likes

opeyemi2012(m): 12:55pm On May 15, 2024
Actually true. Police have no business with civil cases

8 Likes

Gadafii: 12:55pm On May 15, 2024
Nigerian police is everything in a dysfunction society like Nigeria.

The judge, the jury, the criminal, they even play God sometimes, Nigerian police need serious overhauling and reorientation

4 Likes

GlorifiedTunde(m): 12:55pm On May 15, 2024
💯!
jmoore(m): 12:56pm On May 15, 2024
Touts sabi law? 9ja police is not different from touts.

1 Like

NaijaSumigan: 12:56pm On May 15, 2024
A
dandollaz: 12:57pm On May 15, 2024
Somebody business.Mr lawyer shift abeg

1 Like

emmabest2000(m): 12:57pm On May 15, 2024
Make them put Portable in the same jail room with Bob
Make we watch small fight grin


@topic...
one hungry lawyer wan chop portable money with style

4 Likes 1 Share

96ACE: 12:58pm On May 15, 2024
Wetin make e nor pay im debt? Abi after brotherhood don dash am motor e still want make brotherhood clear im bashi.

No be so brotherhood be, a debt is a debt and brotherhood don’t owe debts

2 Likes

MorataFC: 12:58pm On May 15, 2024
Lawyers are liars
abiala2015(m): 12:58pm On May 15, 2024
Believe all social media pressure at your own risk... It is a gonna....
donbenie(m): 12:59pm On May 15, 2024
F
Theoarhics: 12:59pm On May 15, 2024
This lawyer no know he work. But there was valid court warrant of arrest and he was politely shown and told to follow them to the station. The police had to handle and bundle him cos he tried to escape or evade arrest.

2 Likes

donbenie(m): 12:59pm On May 15, 2024
jmoore:
Touts sabi law? 9ja police is not different from touts.
Which law are you talking about?
Did you read the part where a warrant was issued for his arrest,by a competent Court of law?
Na who go carry out that arrest?

4 Likes

Mitsurugi(m): 12:59pm On May 15, 2024
My sentiments exactly. I don't understand why the Nigerian Police always have to condescend to such lows. It is a purely civil matter. You even went to get warrant. Ha! shocked

This is a country where Yahaya Bello went through you lots and escaped o

6 Likes

obaidan: 12:59pm On May 15, 2024
oluwaseyi0:
Nonsense lawyer

So if they start fighting each other physically and start constituting nuisance in the society that will be better than involving police, right?
So he was arrested to prevent fight from starting. Read what you just typed, Listen to yourself, how do you think you sound? Debt matter is a civil matter.
The only way out for police in this is to cook up charges of fraud. If na just debt as dem talk, it is a civil case and and no ne should be detained.

2 Likes

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