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It Is Not a Crime to Be a Debtor In Nigeria

It Is Not a Crime to Be a Debtor In Nigeria

It Is Not a Crime to Be a Debtor In Nigeria. 

By Onyekachi Umah,Esq.
(Tip 124)

Being a debtor is not a Crime in Nigeria and owing Debt is not an offence in any part of Nigeria. Even failure to pay debt after such was demanded is also not an offence, so far as there is no intention to defraud or commit an offence. No security agency including the Nigeria Police, EFCC, State Security Services, Nigeria Army and vigilante groups has the right to intervene, arrest, harass or detain a debtor or order repayment of debt. An agreement to pay debt made in detention (especially at the office of a law enforcement agency) or under the supervision of a law enforcement officer can easily be proven to be an agreement made under duress. The best way to recover the debt is by engaging a lawyer to formally demand the debt and utilize the necessary legal processes.

References:

1. Section 2 of Criminal Code Act
2. Section 4 of Penal Code Act.3.

3. Section 4 of the Police Act 2020.

4.The decision of Supreme Court in the case of ECONOMIC & FINANCIAL CRIMES COMMISSION (EFCC) V. DIAMOND BANK PLC, PETRO CONTINENTAL (NIG) LTD AND H.R.H. EZE (DR) PETER OPARA (2018) LPELR-44217(SC).

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