Lawyer Advises Loan App Users, Says Police Cannot Arrest People Over Debt, Explains Why
- A Nigerian lawyer has advised people indebted to loan apps on what to do if they are intimidated by the police.
- He explained in a video that individuals who took loans have rights and cited some laws that protect those rights
- He also explained what people who have been arrested or intimidated by the police at the instance of loan apps should do
A Nigerian lawyer has told individuals who took loans from loan apps that the police or other security agencies do not have the right to arrest them over debt.
He explained why in a video while also sharing what people should do if loan apps violate their rights or intimidate them.
Source: TikTok
Lawyer advises loan app users
At the beginning of the video, the lawyer, who identified himself as @s.o.folagboye, said that the police are not debt-recovery agents because debt recovery is a civil matter.
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."
He spoke further in the video, citing laws to support his claims.
He added:
"By Section 32 of the Police Act 2020, the Nigerian Police Force is not empowered to interfere in debt recovery, and under Section 35 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), your right to personal liberty is protected."
"You cannot be detained unlawfully. Also, Section 34 of the Constitution guarantees the dignity of the human person, so using arrest to humiliate, intimidate or force repayment is a violation of your fundamental rights."
Source: TikTok
After speaking against the violation of the rights of individuals who owe loans or debts, he explained what those who are intimidated, illegally arrested, or unlawfully detained can do to seek justice.
His statement in the TikTok video:
"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."
Reactions as lawyer advises loan app users
blessing shared:
"Am tinking of breaking my sim d calls is much."
Richie Lee explained:
"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 added:
"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."
Watch the video below:
In a similar story, Legit.ng reported that a 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.
Nigerian man challenges loan app over debt
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.
Source: Legit.ng
