The handling of a case involving Al-Amin Mohammed, a 30-year-old student who took his own life after being detained over an N8,000 debt, has sparked outrage among lawyers and civil society groups in Nigeria. Mohammed was arrested and detained by the Oyo State Police Command after a dispute over the debt escalated into a criminal proceeding. His family has linked his death to the humiliation he suffered following his arrest, prosecution, and detention.

Mohammed, who combined his studies in Kwara State with aluminium fabrication to support himself and his family, was released from the Agodi Custodial Centre in Ibadan on September 14 after days in police custody and prison remand. Three days later, on September 17, he ingested poison and died. His father, Habeeb Mohammed, said the deceased repeatedly complained that his reputation was ruined. A retired police officer, Isiaka Ayole, also said Mohammed lamented that his poor family background made him suffer in the hands of the police.

The Oyo State Police Command has denied that Mohammed was arrested or prosecuted over the N8,000 debt, claiming that he was arrested and arraigned over alleged assault and malicious damage to property belonging to a female Point-of-Sale operator. However, a copy of the charge sheet obtained by a newspaper showed that there was no allegation of assault, and the particulars of the second count referred to the N8,000 debt. This has raised questions about the police's handling of the matter.

Lawyers and civil society groups have faulted the police for allowing a civil dispute to escalate into a criminal proceeding. A Senior Associate at Yusuf Ali & Co, Ilorin, Taofiq Olateju, said the police should not have been used to recover a private debt, adding that debt recovery should be pursued through lawful civil channels. "A creditor cannot lawfully seize another person's property simply because the person owed money," he said.

A constitutional lawyer, Musbau Saheed, also said the police could not arrest or detain a person merely because of a debt. Saheed cited Section 32(2) of the Police Act 2020, which prohibits arrest solely based on a civil wrong or breach of contract. "Debt is a civil wrong. The police have no business arresting someone over N8,000," he said. He also questioned any demand for money as a condition for police bail.

Civil society groups have called for an independent investigation into the matter. The Executive Director of the Rule of Law and Accountability Advocacy Centre, Okechukwu Nwanguma, said the circumstances surrounding Mohammed's arrest and prosecution raised serious questions about police conduct. The National Coordinator, Rights Advocacy and Justice, Emmanuel Alekhina, described the case as a textbook case of abuse of office and torture by other means.

The case has also highlighted the need for Small Claims Courts to be strengthened. The Team Lead, Citizens Connect, a civic-tech organization that tracks unlawful detention, David Olaonipekun, said the matter showed why police stations must not become debt recovery centres. The Coordinator, Youth Rights Campaign, Bayo Abubakar, said Mohammed is a victim of a system that punishes the poor.

Key points

  • The police's handling of the case has been widely condemned by lawyers and civil society groups.
  • The case has highlighted the need for Small Claims Courts to be strengthened.
  • The police's actions have been described as a textbook case of abuse of office and torture by other means.

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SaharaWire Newsroom
SaharaWire

Reporting for SaharaWire from the Nairobi bureau.