Invited to the Police Station In Nigeria? What Should You Know to Safeguard Your Rights

By Oghenereke Prosper Akpobosaha

Police station invitations can be quite unsettling. For many people, the first reaction is fear: Am I under arrest? What have I done? Do I need a lawyer? What happens when I get there? 

A police invitation does not automatically mean that a person has been found guilty of an offence. The police have investigative responsibilities, and people may be required to provide information or respond to allegations during an investigation. At the same time, being invited to a police station does not mean that a person loses their legal protection. 

Understanding the difference between cooperating with an investigation and surrendering one’s rights is important. 

What does a police station invitation mean? 

In practice, the police may ask a person to come to a station in connection with a complaint or investigation. The person may be a suspect, a witness, or someone who possesses information relevant to an investigation. 

The fact that someone is being questioned does not, by itself, establish that the person committed an offence. An investigation is intended to establish facts and determine whether there is a sufficient basis for further action. 

The Police Act 2020 requires the police to investigate allegations in accordance with due process. It also provides specific safeguards for people who are arrested.

This distinction matters because invitation, questioning, and arrest are not necessarily the same thing. 

Before going to the station, ask questions. Where appropriate, ask: 

Which police station should I report to? 

Who is requesting my attendance? 

What is the matter or allegation concerning? 

Am I being invited as a witness or in relation to an allegation against me? 

When am I expected to report? 

This does not mean that a person should obstruct a lawful investigation. Rather, knowing why one is being asked to attend can help the person prepare appropriately. 

If the circumstances suggest that the matter is serious, obtaining legal advice before attending may also be appropriate. 

Can you take a lawyer with you on an invitation to the police station in Nigeria? 

Seeking legal advice when dealing with a police investigation can be important, particularly where a person may be treated as a suspect. 

The Police Act recognises a suspect’s right to consult a legal practitioner before making, endorsing or writing a statement or answering questions after arrest. It also recognises the right to remain silent or avoid answering questions until after consultation with a legal practitioner or another person of the suspect’s choice. (Podus Legal Repository) 

Having a lawyer involved does not mean that a person is refusing to cooperate with the police. Legal representation can help ensure that the person’s rights are understood and protected while the investigation proceeds. 

If you are arrested, your position changes 

An arrest involves the person being taken into custody. 

The Police Act provides that, except in specified circumstances, a person being arrested should be informed immediately of the reason for the arrest. It also provides safeguards concerning legal consultation and access to legal representation. (Police Affairs) 

The law further provides that a person should not be arrested merely because of a civil wrong or breach of contract. (SabiLaw) 

Therefore, if an individual goes to the station in response to an invitation and is subsequently arrested, they should understand that they are now dealing with a different legal situation and should consider obtaining legal assistance. 

What should you do when reporting to the police station? 

A few practical steps can make the experience easier: 

1. Tell someone you trust. Let a family member, friend, or lawyer know where you are going and why. 

2. Keep relevant documents. If the matter concerns a contract, property, transaction, complaint or previous communication, keep relevant documents available. 

3. Remain calm and respectful. Do not obstruct officers or turn the interaction into a confrontation. 

4. Do not guess. If you do not know the answer to a question, it is better to say so than to provide inaccurate information. 

5. Seek legal advice where necessary. Particularly where you are being treated as a suspect or the matter could expose you to criminal liability. 

6. Keep a record. Where appropriate and safe, note the date, time, station, officers involved, and significant events connected to your visit. 

Know your rights but also understand your responsibilities. 

Conclusion 

Justice works best when investigations are conducted lawfully, and individuals understand both their rights and their responsibilities. 

Knowing what to do when the police call is not about avoiding the justice system. It is about navigating it with knowledge, dignity, and the protection of the law. 

This article is intended for public legal education and does not constitute legal advice. Individuals facing a specific legal matter should seek advice from a qualified legal practitioner.