There is a growing plague in Nigeria’s legal profession—one that is so embarrassing even the courts are tired of issuing warnings. The police and the Economic and Financial Crimes Commission (EFCC) have been repeatedly cautioned against turning themselves into debt recovery agents in court judgments, including those of superior courts of record. But somehow, the practice continues, thriving like a stubborn weed in an untended garden.
But let’s pause for a moment and ask: who is really responsible for this mess? Who teaches desperate businessmen to wrap their civil disputes in the deceptive cloak of criminality? Who drafts the petitions that magically transform failed contracts into cases of “obtaining by false pretenses”? Who feeds law enforcement with exaggerated tales of threats to life, just so an unpaid loan can be recovered at gunpoint?
The answer: lawyers.
Yes, the same lawyers who rush to court to complain that the police and EFCC have abandoned their constitutional roles and become glorified debt collectors are the ones who instigate the entire charade in the first place! How? Some lawyers give their clients the most dubious legal advice: “Forget civil suits and long adjournments, just write a petition. Make it sound like fraud, maybe even throw in a little ‘threat to life’ for effect.”
And what happens next? The police, always eager to wield their handcuffs, jump into action. The accused is arrested, detained, and threatened with prosecution unless the “debt” is repaid. Don’t forget, the magistrates’ courts are available to extend the detention time with just a simple oral application within a couple of minutes. The debtor spends between two to four weeks in police custody. Justice? No. Due process? Not in sight. Just pure, unadulterated intimidation wrapped in legalese.
Yet, when the courts call out the police and EFCC for overstepping their bounds, these same lawyers turn around, point fingers, and scream, “Abuse of power!” The hypocrisy is breathtaking. If lawyers want to be taken seriously as professionals committed to justice, we must stop playing both sides. We must pick a struggle.
We are all tired of the rot in the judiciary. We are tired of clients taking us for granted. We are tired of not knowing what advice is best suited for a client because of the ‘uncertainty’ that the system has become. Yes, I think one more thing that we should be tired of is rushing to the police to colour a commercial transaction as a crime just so we can have quick results. Consoling yourself and justifying these practices as a way to circumvent the long process of justice doesn’t make it right. The truth is, there is no justification for doing it the wrong way. You simply become like those you criticize.
Today, your client, for whom you are circumventing the law, is a creditor; tomorrow, he becomes a debtor. Your learned colleague will have to use the same trick. And when you rush to court to flaunt before My Lords the decisions of superior courts that chided law enforcement agencies and warned them against acting as debt collectors, you will meet the uncertainty created by the other side of the rot. Maybe My Lord will listen to you and adopt the decision of the court, or maybe My Lord will simply tell you, “The police are simply doing their job of investigating crime. After all, none of those sharp practices between lawyers, their clients, and the police are done in prints. You go explain tire, no evidence!”
In all, the biggest losers remain lawyers.
It’s time for some self-reflection. What kind of lawyer are you? An officer of the law who is ready to see justice done, regardless of the hurdles and time it takes? Or just a well-dressed debt collector with a knack for legal jargon?
If you’re the former, then stop feeding law enforcement with tainted petitions. If you’re the latter, then at least have the decency to print business cards that say: “Barrister & Debt Recovery Consultant.”
It’s either one or the other. We can’t have it both ways.
