.
Her next stop was Demsa town. Here, she planned to settle and regain her feet. But things became tougher in the new land even as she was unable to send her son to school. She eventually sought a loan to start a business.
“It was this pressure that made me to seek loan from a man introduced to me by a friend in Demsa and I got a loan of one hundred thousand naira with a promise to pay back in three instalments to start after three months”.
By Austin Ajayi.
Agnes Agbango, a single mother, used to live in Kadomu village, Adamawa State and until in November, 2017 when she was forced to relocate from this community, one could say she lived a rosy life.
The other side of fate shone badly on her when herdsmen attacked her village in November, 2017 depriving her of all her belongings; including her stock of smoked fish worth over one hundred and fifty thousand naira.
The reality did not augur well with the 31-year-old as few months after the attack, she had to leave Kadomu with her 9-year-old son in search of greener pastures.
Her next stop was Demsa town. Here, she planned to settle and regain her feet. But things became tougher in the new land even as she was unable to send her son to school. She eventually sought a loan to start a business.
“It was this pressure that made me to seek loan from a man introduced to me by a friend in Demsa and I got a loan of one hundred thousand naira with a promise to pay back in three instalments to start after three months”.
By the arrangement, Mrs. Agbango will pay back the loan she received in February in three installments. “I took the loan in February 2018 to commence repayment in May that same year, invested greater part of the money in my smoked fish business while I was able to send my boy back to school.
“I made the first payment of thirty thousand naira in May, 2018, the second payment of the same amount in August, 2018. Early September, i noticed frequent visits of my creditor to my shop, I took it as mere visit but at the end of September he demanded the balance, I politely told him that it is not yet time and he left.
“On the 2nd of November 2018, he came again, this time with my friend Madam Debo who introduced him to me, they insulted me and promised to come the next day to collect their money. True to their words, they came on 3rd of November, it was a Saturday, this time, with one other person who introduced himself as a police officer.
“They took the remaining smoked fish that I have not sold for that day away. They did not beat me and I did not drag with them but some people around pleaded with them, they refused. A week later, I was able to pay the balance of forty thousand naira on the 10th of November, 2018 but lost my fish, though not much, because it is perishable goods”.
Effort to reach the lender popularly called Uncle failed but Madam Debo, the intermediary told this reporter that the agreement was beyond financial. “There was an agreement on mutual relationship outside the money given to her which she failed to keep and so, the man lost his patience that was what happened,” she said.
The experience of Mrs. Agbango is an ugly trend that has pervaded many communities in Adamawa State.
In many cases, the creditors besiege homes of their debtors with armed policemen and other security operatives to recover their debts while some others get them locked up in cells.
Flouting the provisions of ACJA.
It is worthy of note that this practice pervades Adamawa communities despite the provision of Administration of Criminal Justice Act (ACJA) enacted in 2015.
Part 2 section 8 (2) of the act classifies issues of borrowing as civil matters, which should be treated as such.
“A person shall not be arrested merely on a civil wrong or breach of contract. Suspects shall be accorded a humane treatment and must not be subjected to any form of torture, cruel, inhumane or degrading treatment,” the act reads.
Even though this act was domesticated in Adamawa State in November, 2018, residents who spoke with this newspaper recounted their ordeals at the hands of their creditors.
More cases
Mohammadu Gangwaja, a 39-year-old farmer lives in Massiri –Tindore ward in Toungo village of Adamawa state recount his experience in the hands of his creditor Alhaji Ibrahim Maikudi.
In June, 2018, he decided to borrow N50, 000 to boost his farm work but that decision soon landed him in trouble.
“I borrowed fifty thousand naira to improve my farm. We agreed on terms of repayment on an interest rate of 10 per cent every month and pay back after harvest of my farm produce in September, 2018 but to my surprise, we had not even reached the agreed time of repayment before he sent for me around July. He told me that he needed his money next week, I took it jokingly and left.
“The following week, the first week of August, two men came to my farm, and asked me to follow them. I asked why and who they were, they told me that they were police officers and had come to arrest me because I refused to pay back the money I owed. I resisted but I was dragged out with some slaps and taken to Maikudi’s house.
“After much plea he gave me a grace of one week to pay up or go to jail. With the help of some people, I was able to pay back the N50, 000 and the N15, 000 interest.
This reporter made efforts at reaching Alhaji Maikudi who explained the rationale behind his action. “I had it from a very reliable source that Mohammadu had already sold most of the farm produce so I had to act fast or I lose my money,” he said.
“I normally take proactive measures to checkmate my debtors based on the experiences I had in the past” I don’t know if it is against the law to use police to recover loans but to be honest with you, the police have been of great help to me in recovering my debts. I pay for their services,” he added.
It was a similar case for Ibrahim Abdul, a trader in the popular Ganye International market in Adamawa state.
The food stuff seller narrates his plight, “I would not want to blame mycreditor because he is into the business of money lending but I will rather blame the police who allows themselves to be used to settle civil issues”.
“I took a loan of N1m naira from a micro finance company in Adamawa, the Recovery team of the company came to my shop in the market to embarrass me and lock my shop up for days just because I could not pay back for three months. It took the intervention of the Mai Jemela (ward head) before my creditor to gave me two weeks grace to pay up.”
“I got the loan of one million naira in March 2017 on an interest rate of 10 per cent rate per month which was deducted in the very first month and as I keep paying every month the money was reducing including the interest though still 10% as per agreement, the name of the micro finance company is Sabodale Micro Finance company’.
“The company had brought the police to arrest me but because of the ward head intervention I was made to make written commitment, I have been servicing the loan till date with the sum of two hundred and twenty thousand naira left, including interest”.
Like villages, like urban areas
This inhumane treatment is not peculiar to the rural areas alone, it exists in urban centres in Adamawa State.
Olatunji Olamilekan, a resident pastor in a Pentecostal church in Jimeta/Yola, the state capital was almost thrown into prison in 2007 but for the quick intervention of a magistrate.
Pastor Olatunji was arrested for his inability to pay his children’s school fees, an amount he said was less than N10, 000.
He recounts his experience, “The school fees was not up to N10,000, it was a Friday afternoon in 2007, two policemen came to my house to arrest me. I asked what was my offence, they said when I get to the court I will know. One of them was in uniform so I followed them.
“God was on my side when the magistrate now a serving High Court Judge took interest in the case and somebody, right there, paid the debt to my senior pastor who is now a bishop.”
The pastor attributed his ordeal to a decision he took two weeks earlier, “I had tendered my resignation as a pastor in the church two weeks earlier, may be that was why he took that action, I condemned the Police for allowing themselves to be used to settle civil issue” he said.
The accused senior pastor, now a Bishop of the Church, confirmed the claim by Pastor Olatunji. He told this reporter that though regrettable, he took the decision because Pastor Olatunji ‘wanted to leave my church without paying his children’s school fees he was owing for last section.’
How we get police officers for our operations – creditor
Managing Director of Sabon Dale Micro investment company, a micro finance bank in Adamawa, Alhaji Sanusi Duhu, told this reporter how his lending firm deploys police officers to forcefully recover loans.
“We sometimes use the police to arrest our debtor who proves difficult. We go to the court, get a judgement against them, if there is no appeal on the judgment, we’ll then use the police officer in company of the court bailiff who helps to effect the arrest.
“Again, we also use our police friends to arrest our debtor but no investigation is entered against the debtor. We only ask them make commitment before the police, so, with this method we recover our money”.
“Like I said we only use the police when it is necessary, we are limited Company with branches in 20 states of the federation, we are law abiding Company but basically we use men of Civil Defense and the community leaders to recover our monies from defaulting debtors, I am also aware that most Individuals who give out loans uses the police and the court to recover their monies”.
Is it proper for the court to assign Police to arrest debtor?
A lawyer, Godwin Ehimakhoai, said the court can only order for enforcement of its order after a judgment have been given against the debtor who fails to appear in court and the debtor refuses to comply.
“The judgment can only be carried out if there is no appeal against the judgment, the bailiff who carries out the enforcement can use the police as a cover, apart from this, the court has no jurisdiction assign a police officer to arrest any debtor,” he said.
“The judicial council has a provision that punish erring judicial officer and I am sure that this kind offence also has its punishment,” he added.
When contacted, the Commissioner of police, Adamawa State Command, Audu Madaki declined to comment on the issue. “We do not have the act here in our office. We have not received any one from the ministry of Justice and so we cannot comment on it,” he told this reporter.
The Deputy Chief Registrar, Adamawa state High Court, Barrister Christopher Dominic, when asked if there were cases of Area court judges aiding creditors to recover their money said such practice has since stopped.
“We have had of such complains in the past. We have given orientations to our judges particularly those in the Area Courts and also serious warning that any judge found aiding creditors to recover their money without the proper procedure will face disciplinary action.”
“In the past we use to have non-lawyers as Area court judge and that was the time we had issues like that but with the periodic re-orientation we give them, I can boldly say we do not such complaint again”.
How unlawfully arrested debtors can seek redress – lawyer
Commenting on the issue, a human rights lawyer, Barrister Sunday Joshua said the police has no constitutional right to arrest a debtor because issues around debts are civil matters.
According to him, Sections 34 through to section 42 of the Nigeria constitution of 1999 (as amended) provides for the dignity of human right and the right of the citizen.
Sec 35(6) says ‘any person who was unlawful detained shall be entitled to compensation and public apology from the police and the person who cause the arrest.’
He said,“The police have continued to carry out these unlawful act because nobody is challenging them in the court, recovery of debts is purely civil matter and there is a procedure to institute court action.
“Debt collection is never part of the police duties section 4 of the Nigerian Police Act clearly defines their duties, the police do not have the power to compel a debtor to sign an undertaking of any kind concerning repayment.”
“There should be awareness on the rights and privileges of citizens through the mass media and there is also need for fundamental human rights be taught in our schools so that right from a young age, you know your rights”.
“Courts should as a matter of interest encourage settlement of civil matters out of court and promote unity.
“There is need for serious punishment be meted on erring police officer found wanting and even the commissioner of police of that state should be made to pay for his lack of control and supervision if his command”.
‘This report was supported by The Premium Times Centre for Investigative Journalism (PTCIJ)’
