Pelumi Olajengbesi, an Abuja-based legal practitioner, has criticised the Nigerian Police for arresting and detaining Lagos-based artist Habeeb Okikiola, popularly called Portable, on debt-related charges.
Portable was arrested by the police for failing to pay the N14 million debt incurred from the purchase of a car.
On Tuesday, a viral video showed the controversial music artist attempting to flee police by climbing over a barrier.
In another video, four police officers are seen violently carrying him into a waiting vehicle.
In response to this event, Olajengbesi claimed on Wednesday that Portable’s arrest and the method of debt recovery used by the Nigerian Police Force clearly violated the country’s laws.
He said, “The mode of arrest highlights the deteriorating state of the Nigerian police force. It’s crucial to note that indebtedness is not a criminal offence; even the Nigerian government has debts.
“The courts have consistently emphasised 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 pretences, cheating, or criminal breach of trust.”
The lawyer cited that 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 v. Commissioner of Police (2020) LPELR-49378(SC), the Supreme Court emphasised 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 urged the Nigerian Police Force not to harm its reputation but rather to constantly act within the parameters of the law that formed it.
Portable spent the night in police custody after failing to meet the bail conditions for his release.
