A Nigerian lawyer has advised individuals indebted to loan apps that the police or other security agencies lack the authority to arrest them over debt. In a video, he explained the legal protections available to borrowers and outlined steps to take if their rights are violated.
Police Are Not Debt Recovery Agents
The lawyer, who identified himself as @s.o.folagboye on TikTok, stated that debt recovery is a civil matter, not a criminal offense. He said: "Loan or debt is not a crime in Nigeria. The police or any security agency has no right to arrest you over debt. Debt recovery is purely a civil matter."
Laws Protecting Borrowers from Harassment
He cited specific legal provisions to support his claims. According to him, Section 32 of the Police Act 2020 does not empower the Nigerian Police Force to interfere in debt recovery. Additionally, Section 35 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) protects an individual's right to personal liberty, meaning no one can be unlawfully detained. Section 34 of the Constitution guarantees the dignity of the human person, so using arrest to humiliate, intimidate, or force repayment constitutes a violation of fundamental rights.
Legal Recourse for Victims
The lawyer explained what borrowers can do if they face intimidation, illegal arrest, or unlawful detention. He said: "If this happens, you can sue both the creditor and the police for the enforcement of your fundamental rights, and the court may award damages against them."
Public Reactions to the Advice
The video sparked various reactions from viewers. Blessing commented: "Am tinking of breaking my sim d calls is much." Richie Lee asked: "Bar, if they cannot harass me. did they have right to take the possession of all my property?" Omoniyi wrote: "Court should be borrowing people money then, I will borrow someone 100k and contact lawyer for how much." Ogholaja Benedicta shared: "Them don dey harass me already." Mummy possibly added: "Can someone go to jail or can Court detail somebody bcz of dept." Taiwo Arogundade explained: "But i can used police for the arrest then charge them to court." Agboola noted: "Don't mislead people, if the cheque involved and the client and guarantors cheques returned unpaid ( returned cheque) that cheques returned aspect is criminal matter and police can be involved." MAYOR WORLDWIDE added: "Thanks for giving us the courage of borrowing." Kola Adejimi wrote: "Pls, l need a good lawyer." Smart noted: "Una sure say I go pay this loan,why I'm i seeing this when I want to pay this loan app." Mr Palmer stressed: "Good day sir you will soon be my personal lawyer." Highsense kingK noted: "And not giving out a loan is not a criminal offense too, so make everybody go hustle their own money." Swing added: "Thanks for being there for us." JohnTopmost said: "A loan is not a crime, and being in debt does not make someone a criminal. Debtors deserve fairness, dignity, and lawful treatment. No person has the."
Related Coverage on Loan App Rights
In a similar story, Legit.ng reported that another Nigerian lawyer educated the public on their rights when dealing with online loan apps. She explained that while borrowers are expected to repay their loans, loan apps have no legal right to harass, threaten, shame, or contact family members, employers, and friends over unpaid debts.
Meanwhile, Legit.ng recently reported that a Nigerian man publicly challenged an online loan app over its loan recovery practices after it repeatedly demanded repayment of more than N30,000 it had lent him months earlier. He shared screenshots showing that he had asked the lender to restructure the debt in line with the Central Bank of Nigeria (CBN) guidelines, but claimed the request was rejected.
