Can the Police Arrest You for an Unpaid Debt in Nigeria?

By Oghenereke Prosper Akpobasaha

Imagine borrowing money from a friend and failing to repay it on time. Your friend then threatens to have you arrested if you do not pay. Naturally, this can cause fear and confusion.

But can the police arrest you simply because you owe someone money?

What Does the Law Say About Unpaid Debt in Nigeria?

Section 32(2) of the Nigeria Police Act 2020 provides that a person shall not be arrested merely on a civil wrong or breach of contract.

This means that an unpaid debt does not automatically justify an arrest. Where a disagreement concerns repayment of a genuine loan, the matter may be a civil dispute rather than a criminal offence.

For example, if you borrow money and later experience financial difficulties, the lender may seek to recover the debt through lawful civil proceedings.

The police should not be used simply to force someone to repay a private debt. However, the circumstances of each case matter.

Can the Police Get Involved in an Unpaid Debt Dispute?

Yes, the police may investigate a genuine allegation of criminal conduct connected to a financial transaction.

For instance, a dispute over borrowed money may involve allegations of fraud. If there is evidence suggesting that an offence has occurred, the police may investigate it in accordance with the law.

However, failure to repay a loan is not, by itself, proof of fraud.

There is a difference between someone who cannot repay a genuine loan and someone accused of obtaining money through dishonest conduct. Whether a crime has occurred depends on the evidence and the legal requirements of the alleged offence.

Therefore, a creditor’s frustration or suspicion should not automatically turn a civil debt into a criminal case.

What Should You Do If Someone Threatens You With Arrest Over An Unpaid Debt?

If someone threatens to have you arrested over an unpaid debt, remain calm and take practical steps to protect yourself.

1. Keep your records. Save loan agreements, bank transfer receipts, payment records, and relevant messages.
2. Ask for clarification. If the police contact you, ask what allegation is being investigated and why you are required to attend.
3. Know your rights. Section 35(2) of the Nigeria Police Act 2020 provides safeguards concerning a suspect’s right to remain silent until consulting a legal practitioner or another person of their choice.
4. Seek legal advice. If you believe the police are being used to pressure you into paying a private debt, consult a lawyer about your options.
5. Avoid confrontation. Cooperate with lawful procedures, preserve evidence, and avoid threats or attempts to obstruct an investigation.

Remember that protection against arrest merely for a civil wrong does not cancel a legitimate obligation to repay money you owe.

What Is the Difference Between Unpaid Debt and Fraud?

A civil debt generally arises when someone has an obligation to repay money or fulfil an agreement. If that obligation is not met, the other party may pursue recovery through the civil justice system.

Fraud involves conduct that meets the legal requirements of a criminal offence. Depending on the circumstances, evidence of dishonest conduct in obtaining money may justify a criminal investigation.

For example, someone who takes a genuine loan but later loses their source of income is not automatically guilty of fraud. The situation may be different if evidence shows that the money was obtained through criminal deception.

Each case must be assessed on its own facts.

Conclusion

Can the police arrest you for owing someone money in Nigeria? Under Section 32(2) of the Nigeria Police Act 2020, a person should not be arrested merely because of a civil wrong or breach of contract.

However, the police may investigate a genuine allegation of a criminal offence connected to a financial transaction.

Anyone seeking to recover a debt should use lawful remedies. Equally, anyone who owes money should take their repayment obligations seriously and understand their legal rights.

An unpaid debt does not automatically justify an arrest. Knowing the difference between a civil dispute and a criminal allegation can help protect your rights and promote the proper use of the justice system.