Introduction:
A friend borrows money and disappears. A customer refuses to pay for goods you delivered. It’s a frustrating—and all-too-common—situation in Nigeria. In your anger and desperation, you might think, “I’ll just go to their house and take their TV or generator until they pay.” It feels like a simple, fair solution.
But what does the law actually say?
The Short Answer: Absolutely Not.
Let’s be clear: you cannot legally seize someone’s property—no matter what they owe you—without a court order. Doing so is not only illegal, but it could also land you in serious legal trouble.
At PILLAR-REST ATTORNEYS, we clarify that this seemingly logical action is actually a fast track to breaking the law yourself. This article explains both the legal and illegal ways to recover your money.
Taking the law into your own hands in this manner is illegal. The fact that someone owes you a debt does not give you the right to commit a crime to recover it. You could easily go from being the wronged party to becoming the accused.
Why is “Self-Help” Recovery Illegal?
In the eyes of The Nigerian law, two wrongs do not make a right.
* What the Law Says: Section 44(1) of the Constitution of the Federal Republic of Nigeria 1999( As Amended) provides for the fundamental right to property. It states that “No moveable property or any interest in an immovable property shall be taken possession of compulsorily and no right over or interest in any such property shall be acquired compulsorily in any part of Nigeria except in the manner and for the
puposes prescribed by law…”
Also Section 383 of the Criminal Code Act and Section 286 of the Penal Code Act classify the act of taking another person’s property without their consent as theft. It doesn’t matter that the person owes you money. The property you seize is not yours;
it belongs to the debtor. By taking it without their permission or a court order, you have committed the offence of theft.
* You Could Be Arrested: The debtor can report you to the police for stealing thei property. The police are obligated to investigate a reported crime, and you could find yourself facing criminal charges for theft, even if you have proof of the original debt.
* It Defeats Your Purpose: Your goal is to recover your money.
Illegally seizing property:
1. Makes you a criminal in the eyes of the law.
2. Gives the debtor leverage to counter-sue you or negotiate from a position of power.
3. Makes it much harder for you to successfully pursue your original debt claim in a civil court.
CASE STUDY:
In the case of Osahon V. Oyemade (2020) LPELR-49422(CA), The Appellant, who was indebted to the Respondent, proceeded to the Respondent’s residence accompanied by police officers and unlawfully seized his vehicle without obtaining a court order.
The Court condemned this action in the strongest terms. The Court held that the respondent’s action amounted to “a resort to self-help which is condemnable and unacceptable in a society governed by the rule of law.” The seizure was declared illegal and unconstitutional.
What is the RIGHT Way to Recover a Debt?
The law provides a clear, peaceful, and legal pathway for debt recovery. It requires patience but protects everyone’s rights.
Step 1: Formal Demand Notice
Before any legal action, you must formally demand your money. This is not just a phone call or a text message.
* What to Do: Have a lawyer draft a “Letter of Demand” or “Pre-Action Notice.”
* What it Does: This formal letter is sent to the debtor, stating:
* The amount owed.
* How the debt was incurred.
* A clear deadline for payment (e.g., 7 or 14 days).
* The intention to take legal action if the debt is not paid by the deadline.
* Why it Works: This official document often shocks the debtor into paying, as it shows you are serious and have engaged a lawyer. It is also a mandatory step before filing a lawsuit in many cases.
Step 2: Explore Mediation (Optional but Recommended)
If the Demand Notice Fails, Consider Mediation.
Before heading to court, you can suggest mediation as a next step.
What It Is: Mediation involves a neutral third party (the mediator) who helps both you and the debtor negotiate a mutually acceptable solution—such as a repayment plan.
Why It’s a Good Option: Mediation is typically faster, cheaper, and less
confrontational than court proceedings. It can also help preserve personal or business relationships, especially when the debtor is a friend, family member, or long-term customer.
Step 3: File a Lawsuit in Court
if All Else Fails: Legal Action Is Your Final Recourse
If all attempts at recovery—including demand notices and mediation—fail, the finalstep is to take legal action.
What to Do: Engage a lawyer to file a civil suit in the appropriate Magistrate or High Court, depending on the amount involved. You will be suing for the recovery of the debt.
The Process: In court, you’ll present your evidence—such as signed agreements, IOUs, bank transfer records, and messages acknowledging the debt. If the judge finds in your favour, they will issue a judgment ordering the debtor to pay the amount owed.
Step 4: Enforcing the Court Judgment
This is the crucial part many people overlook: a court judgment is not self-executing. If the debtor still refuses to pay after the judgment, you must return to court to enforce it through legal means.
This Is Where Legal Seizure Happens
You can apply to the court for a Writ of Fifa (also known as a Writ of Execution).
What the Law Does: The court, through its law enforcement officers (bailiffs), will legally seize—or “attach”—the debtor’s property. This property will then be publicly auctioned, and the proceeds used to settle the debt owed to you.
The Key Difference: The seizure is carried out by the state—through the court and its officers—not by you personally. This is what makes the action legal and enforceable.
What If There’s a Guarantor or Collateral?
The rules change slightly if the loan was secured.
* Guarantor: If someone guaranteed the loan, you can send the demand notice to them and sue them alongside the main debtor.
* Collateral: If an item was pledged as collateral (e.g., a car logbook), the agreement must be clear and in writing. You still cannot just take the item. You must follow the process outlined in the agreement or seek redress from court.
Actionable Advice: How to Protect Yourself from the Start
The best way to avoid the stress of debt recovery is to prevent the problem in the first place. Here are practical steps to protect yourself:
*Get It in Writing
Always prepare a simple written agreement for any significant loan or credit sale.
Clearly state the amount, the parties involved, the repayment deadline, and any agreed interest. Ensure both parties sign the document.
*Get a Witness
Have a neutral third party witness the agreement and sign it. This adds credibility and legal weight to your documentation.
*Keep Records
Save all evidence of the transaction—bank transfer receipts, text messages, emails, or WhatsApp chats that acknowledge the debt. These can be critical if legal action becomes necessary.
Conclusion: The Law Is Your Tool, Not Your Obstacle
The urge to seize property yourself is understandable—but it’s a dangerous mistake.
The Nigerian law provides a structured and lawful system for debt recovery, designed to protect both the creditor and the debtor from violence, abuse, and vigilante justice.
By following the proper legal process—starting with a lawyer’s demand notice and, if necessary, ending with a court-enforced judgment—you can recover your money without risking your freedom.
Remember: The law is on your side, but only if you use it correctly.
