Daily Law Tips (Tip 478) by Onyekachi Umah, Esq., LLM. ACIArb(UK)
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*OWING DEBTS AND REFUSING TO PAY IS NOT AN OFFENCE IN NIGERIA. *
No matter how bad, sinful or immoral an act is, it is not a crime/offence, unless there is a law that has made such act to become a crime. Offence is what the law says is an office, it must be known and specific. Nothing is an offence until law says it is an offence. Offences and their punishment must be certain, specific and predictable at all times. So, offences and punishments for offences are always fixed by law, so that even before offences are committed their punishments are known and awaited.
There is no place in Nigeria, where owing debt is a crime. Even, owing and refusing to pay is not a crime. While this may be rude, immoral, sinful and uncivilised, it is not yet a crime in Nigeria. It is not criminal rather civil in nature and can only be taken to civil courts and other dispute resolution platforms. Hence, security agencies including Economic and Financial Crimes Commission (EFCC) have no jurisdiction over such cases. I am not unaware of the common criminal cases that may be deduced from refusal to pay, like; cheating, criminal breach of trust and conversion. Above all, unless there is a clear proof of criminal intent to cheat, steal, convert, breach trust or commit any crime, mere owing and refusal to pay (even refusal for no reason) is not a crime.
My authorities are;
1. The decision of Supreme Court in the case of ECONOMIC & FINANCIAL CRIMES COMMISSION (EFCC) V. DIAMOND BANK PLC, PETRO CONTINENTAL (NIG) LTD AND H.R.H. EZE (DR) PETER OPARA (2018) LPELR-44217(SC).
2. Sections 1 and 4 of the Criminal Code Act, 1916
3. Sections 1, 3, 4, of the Penal Code Law 1960
4. Sections 2(1), 3, 495 and 495 of the Administration of Criminal Justice Act, 2015 and other similar laws across states.
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