DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 150)
“It Is An Offence For Hospitals/Creditors To Detain Patients/Debtors For Debts”.

There are several lawful means of recovering debt but false imprisonment is not one of them. It rather an offence for any person, business, hospital or institution to detain a patient or any debtor for failure to pay bills. There is no amount of debt that will warrant false imprisonment and breach of fundamental human rights of a Nigerian. Any person that has been detained against his/her wish by one that has no such powers to do so, the debtor can sue for breach of fundamental human right and also under tort.

My authorities are section 35 of Constitution of the Federal Republic of Nigeria and the recently decided case of Mrs. Ngozi Osegbo, Mr. Chinonso Osegbo and The Registered Trustees of the Synod of the Diocese on the Niger with Suit No: 0/255/2017.*

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 149)
“ EFCC Cannot Recover Debts.”

Economic and Financial Crimes Commission (EFCC) has powers to recover stolen monies and not loans and debts. Just like police and other security agencies, EFCC is not for debt recovery and cannot interfere with civil transactions and businesses unless there is evidence of fraud and crime generally. The amount of debt, it’s duration and even refusal to repay by a debtor does not make debt a crime.

My authority is section 6 of Economic and Financial Crimes Commission Act, 2004.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 124)
“It Is Not a Crime to Be a Debtor In Nigeria”.

Being a debtor is not a Crime in Nigeria and Debt is not an offence in any part of Nigeria. Even failure to pay debt after such was demanded is also not an offence so far as there is no intention to defraud or commit an offence. No security agency including Nigeria Police, EFCC, State Security Services, Nigeria Army and vigilante groups has right to intervene, arrest, harass or detain a debtor or order repayment of debt. You recover debt by engaging a lawyer.

My authority: Section 2 of Criminal Code Act and section 4 of Penal Code Act.

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GUIDE ON RECOVERY OF DEBTS

As far as there is live there must be creditors and debtors; although the occupation of such status may not be static. Everything in life is about sustaining life, itself. The basic needs of man and his wants have given rise to business and work; henceinter human relationship. At different times, places and circumstances people owe themselves. What is owed is called debt, while the person owing is called Debtor and the person owed is a creditor. Most times debtors forget their pretentious innocence and plea rather refuse to pay back their debts. Hence, creditors engage self-help, voodoo, law enforcement agents and diabolic means in a bid to regain their hard earn wealth; it is often frustrating and wasteful. Theall encompassing Nigerian law and jurisprudence has provided expeditious, reliable and legal means of recovering debts with ease and not infringing on the inalienable human rights of debtors. This paper will help you know what is really a debt, how to safeguard and recover a debt.

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