6 things to do when invited by the police
Olalekan Abayomi received an invitation from the police to answer questions regarding a phone theft. However, upon arrival, he was immediately arrested. As he discovered, an invitation by the police can quickly turn into an arrest if the police suspect the individual’s involvement in a crime. In his case, his friendship with the person who allegedly purchased the stolen phone led to his arrest.
Upon arrival at the police station, Abayomi was immediately instructed to write a statement. He claimed that during this process, an officer pressured him to include certain incriminating details. Abayomi’s refusal to implicate himself in the statement led to threats of detention by the police. It was only through the timely intervention of his family and friends that he avoided spending the night in a police cell.
The police are known for inviting people to gather information and facts related to a complaint. In such situations, the intention is not necessarily to arrest or charge the person in question, but rather to gather facts and evidence. This approach allows for a cooperative dialogue that can aid in the resolution of a case without resorting to immediate arrests.
Receiving an invitation for a police interview can be very unsettling if you are unsure of what to do. You may have some understanding of the situation or none at all. The case of Abayomi serves as a stark example of the potential dangers that can arise during such encounters
Here are six things to do when the police invite you to appear at their station.
Ensure the invite is formal
The Force Public Relations Officer of the Nigeria Police Force, Olumuyiwa Adejobi, said it was unprofessional for the police to invite a person through a phone call.
On August 26, 2023, an X (formerly Twitter) user, Onyedikachi Azunna, had asked Adejobi whether it was proper to accept calls from policemen who claimed a matter was reported to them and threatened an individual to report at the station.
The Force spokesperson answered, “You can receive and honour their calls if you so wish. But it’s not professional. It’s either you write to invite someone or arrest him. The development of calling suspects on the phone is strange to the police. I don’t appreciate that development. Arrest or write to invite.”
There are claims that the police often invite people through telephone calls. There are also claims that the calls come with threats to compel the person to appear before the police. Before honouring a police invite, be sure the invite is formal and does not raise any suspicion of illegality.
Be prepared to honour it
When you are sure that the invite is formal, be prepared to attend the interview. A human rights lawyer, Taiwo Olawanle, said a police invite should be honoured as long as it is made formally.
He said, “There is no way to respond to it than to honour it. The police have the power to invite anyone for questioning, it is their constitutional right.”
The lawyer, however, added that the person should clarify the purpose of the invitation with the police to ensure they have a clear understanding of the invitation.
“In my years of practice, I have observed that police formations are used to the practice of not stating why a person is being invited with a view to preparing themselves for the interview.
“They keep the person in the dark. This is against the constitutional provision to the effect that a suspect should be given adequate facility and time to prepare for their defence,” he said.
Inform your lawyer
The next thing to do, according to Olawanle, is to inform a lawyer before meeting with the police. Consult with a lawyer who can provide you with the necessary guidance and protect your rights during the process.
Olawanle said, “Whenever someone is being invited by the police, such a person is required to consult a lawyer on why he is being invited. The lawyer then gives the necessary advice.
“The role of the lawyer is to guide the person and as well assist the police in their investigation. A lawyer is not expected to answer questions on behalf of the suspect. That could amount to obstruction of justice.”
Answer questions truthfully
You should answer all questions truthfully and to the best of your knowledge during the interview. There are cases where an invitee says more than they know and end up implicating themselves.
Olawanle said the person should “answer all questions in his personal knowledge.”
“As lawyers too, we are officers of the law and we are not expected to shield any person from answering questions that could lead to detecting and preventing crimes. However, I don’t expect any person to answer any question in a manner that would implicate them,” he added.
Manage emotional reactions
If the police provide you with instructions regarding your statement, remain calm and assertive. Seek clarification on any ambiguous or potentially self-incriminating elements and request to exclude or modify them.
The police can ask provoking questions to force the person to react in a way that can implicate them. While the lawyer has a duty to keep his client in check while answering questions, the person must also manage their reactions well.
A litigation lawyer, Akin Adegbayi, said the police could trick a person into making statements the person would otherwise not make.
He said, “Police can deliberately push you to a corner or ask you questions just to ruffle you. If you allow them to get inside your head, it can worsen the matter even if you know nothing about it. It is always advisable to be calm.”
The lawyer added that one way to manage emotional reactions to certain questions was to wait a few seconds before answering.
Enforce your right of refusal
You are under no obligation to answer any questions that may incriminate you or that you are uncomfortable answering. Politely inform the police that you will exercise your right to remain silent and wait for further legal advice.
“Such persons should conduct themselves with decorum and answer the questions put to them. Let it be noted that they cannot be compelled to answer questions they wish not to answer,” Olawanle added.
It is also essential to approach these situations with knowledge, composure, and a steadfast commitment to safeguarding your rights.
Legal experts also said the police are expected to release a person after questioning or grant bail if needed. However, the experts argued that if the questioning will go beyond 24 hours, the police must get a court order to detain the person beyond the 24 or 48 hours constitutionally allowed to detain a suspect.