RECOVERY OF DEBT IN NIGERIA

Good morning, friends.
Somewhere in Nigeria, a young widow has fled her abode abandoning her three children as she could not meet up with the deadline to settle the debt she is owing
an organisation known as Lift Above Poverty Organisation.This organisation claims to be a non-profit organisation that seeks to alleviate poverty among the poor and the vulnerable in the Nigerian society. Shortly after the disappearance of this young lady, agents of the organisation bombarded her shop and dismantled it carting away all her properties found in the shop.By stating they dismantled the shop, I mean they dismembered the entire structure to the ground with nothing left standing!

Is this approach of recovering debt lawful on the side of Lift Above Poverty Organizational (L.A.P.O.)?

THE LEGAL POSITION
First, the law forbids taking the law into one's hands. This is why legal mechanisms are in place for aggrieved persons to address their grievances.Debt recovery in Nigeria falls under our civil law wherein a defaulting party can be sued for recovery of the debt he is owing. If the creditor is able to establish his case successfully, the defaulting party becomes the judgement debtor after judgement. The judgement debtor must settle the judgement debt after judgement. If he fails to do so before the expiration of a stipulated period, the judgement creditor can institute proceedings to attach his property and auction it to recover the debt.This is where I am going. Before a creditor can lawfully touch any of his debtor's property, he must have obtained a court order to that effect after judgement has been entered in his favour as the judgement creditor in an action to recover his debt.

Also, it is not the police duty to recover debt.The court of law is the only institution of government that has jurisdiction to entertain action for debt recovery.No more, no less. So, those in the habit of using the police to harass their debtors should beware so that the hunter will not become the hunted.

That act of Lift Above Poverty Organization is very unlawful if what it did to that lady in that story was not carried out in execution of a court order.In other words, it must have obtained a court order to levy execution on the lady's properties found in her shop for it to be regarded to have carried out a lawful act.Otherwise, what the organisation did is, to say the least, barbaric and unacceptable. In fact, the lady can proceed against the said organisation in an action for trespass to property.

Thank you for your attention

Happy weekend!