Police And Debt Recovery

The police force is an agency of the executive arm of government that maintains law and order in any society. Unlike the military the police investigates and prosecutes cases in the law courts. It plays a vital role in ensuring peaceful co-existence among citizens without which the society would be a jungle. In Nigeria, the police through a necessary evil has last confidence of several Nigerians because of poor attitude to work and disregard for fundamental human rights.
Section of the Police Act provides for the general duties of the police form as follows:
“The police shall be employed for the prevention and detention of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly charged and shall perform such military duties within or without Nigeria as may be required by their or under the authority of this or any other Act”. Having carefully gone through this provision it is clear that debt recovery is not one of the general duties of the Nigerian Police, in the classic case of Ken Mclaren & Ors Vs James Lloyed Jennings (2003) 3 NWLR (Pt 508) 471 @484 the court of Appeal held inter alia on the propriety of the police to recover debts this.
“I have scrutinized the provision providing for or empowering police to enforce contract or called common debts. The appellants and the policemen they pressed into duty were not in Kano to prevent or detect a crime nor was the respondent an offender. It is equally not the case of the appellant that there was a breakdown of law and order, the preservation of which took them to Kano. The court has also not been told of the laws or regulations the group went to enforce in Kano. In short, the appellants and the policemen they took to Kano were there to collect debt which is not one of the several duties assigned to the police under the provisions of the Police Act to which the court was directed and the court has not been able to find another provision of the Act empowering or constituting the Nigeria Police Force to one of a debt or real collector…..” Per Ikyegh J. C. A (PP 52-53, Paras D-C).
Also in Osil V. Balogun (2012) 38 (Pp 173-174) lines 30-5 W.R.N. Mbaba JCA said”, the police has no business in enforcement of debt settlements or recovery of civil debts for banks or anybody. Inspite of all the numerous desisted cases, proving that the police have no right enforce debt settlement rather debt collection, members of the police force are still in the business. In some cases they even give account numbers where the said debt sum should be paid into what can be done to stop this menace?
This is not to say t hat these are no professional policemen surprisingly some members of the Nigerian Police had received International Commendations and Awards from the UN peace keeping assignment. Maybe the Nigerian society is responsible for the unethical behavior. I look forward to when it will be a thing of pride to have a family member in the Nigerian Police, till then, may God help us.

Nkechi Bright Ewere