A legal practitioner, Pelumi Olajengbesi, has faulted the Nigerian Police for detaining the artist over a debt dispute, arguing that the police have overstepped their authority in the matter.
SUMMIT NIGERIA had reported that Portable was arrested on Tuesday, by the police for failing to settle the N14m debt accrued from the purchase of a car.
In a video making rounds on the social space, showed the controversial music star attempting to evade arrest by jumping over a gate on Tuesday.
In another video, he was seen being forcibly carried by four police officers into a waiting vehicle.
Reacting to the incident, Olajengbesi on Wednesday stated that Portable’s arrest and the method of debt recovery employed by the Nigerian Police Force dies not align with 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 stated 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 Vs 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.
