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A police invitation does not automatically mean you have committed a crime. But when questioning turns into arrest or detention, Nigerian law provides important safeguards, including the right to know why you are being arrested.
ABUJA, Nigeria — Receiving a telephone call, WhatsApp message or written invitation asking you to report to a police station can be frightening, particularly when the officer does not explain why your presence is required.
A common question immediately follows:
Can the police simply invite someone for questioning without telling the person what offence he or she is suspected of committing?
The answer requires an important distinction between a police invitation and an arrest.
Police investigators may seek to speak with people for several legitimate reasons. A person may be a suspect, complainant, witness or simply someone believed to possess information relevant to an investigation.
However, once an interaction becomes an arrest or detention, constitutional and statutory protections become particularly important.
A Police Invitation Is Not Automatically an Arrest
Being invited to a police station does not necessarily mean that you have been arrested or accused of an offence.
During an investigation, police may need information from people who witnessed an incident, participated in a transaction or have information about the people involved.
For example, if police are investigating alleged fraud involving a business transaction, they may invite several people connected with the transaction even though not everyone is suspected of committing an offence.
The fact that the police want to speak with you should therefore not automatically be interpreted as proof that you are a criminal suspect.
But you are entitled to ask an important question:
“What is the invitation concerning?”
Where possible, an invitation should provide enough information for the recipient to understand why police are requesting his or her presence.
What Happens If Police Refuse to Tell You Why They Want You?
The situation becomes more complicated when an officer simply says:
“Come to the station. You will know when you get here.”
There may be circumstances where investigators do not disclose every detail of an ongoing investigation before interviewing someone.
That does not mean, however, that constitutional protections disappear.
The crucial legal issue is whether the person remains merely invited for an interview or has actually been arrested or detained.
Once police restrict a person’s liberty as a suspect, the law imposes clearer obligations.
If You Are Arrested, You Have a Right to Know Why
Section 35 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) protects personal liberty.
Section 35(3) provides that a person who is arrested or detained must be informed in writing within 24 hours, and in a language that he or she understands, of the facts and grounds for the arrest or detention.
This is a fundamental safeguard.
Police cannot lawfully treat the reason for an arrest as something that a detainee has no right to know.
The Nigeria Police Act 2020 and criminal-procedure legislation also contain protections governing arrest and the treatment of suspects.
The basic principle is straightforward:
If the police are depriving you of your liberty because they suspect you of wrongdoing, you are entitled to know the basis for that deprivation of liberty.
Invitation Can Become Arrest
A person may voluntarily enter a police station following an invitation and later discover that officers will not allow him or her to leave.
At that point, calling the encounter an “invitation” does not necessarily determine its legal character.
Courts look at substance, not merely terminology.
If your movement has been restricted and you are no longer free to leave because police are holding you in connection with an alleged offence, the protections applicable to arrest and detention become relevant.
Police cannot avoid constitutional safeguards simply by describing detention as an “invitation.”
Do You Have the Right to a Lawyer?
Yes.
Section 35(2) of the Constitution provides that a person arrested or detained has the right to remain silent or avoid answering questions until after consultation with a legal practitioner or another person of his or her choice.
The Administration of Criminal Justice Act also contains safeguards concerning access to legal representation for suspects within its applicable jurisdiction, while states have their own criminal-justice legislation.
This means asking for a lawyer should not be interpreted as an admission of guilt.
Lawyers do not exist only for guilty people.
Legal representation helps ensure that questioning, statements, bail and other investigative procedures are conducted lawfully.
Should You Ignore a Police Invitation?
Generally, simply ignoring a genuine police invitation is not the safest response.
If you receive an invitation and do not understand its purpose, you or your lawyer can contact the police formation involved and request clarification.
You should also verify that the invitation is genuine, particularly where it arrives through an unfamiliar telephone number, email or WhatsApp account.
Fraudsters sometimes impersonate law-enforcement officers.
If the invitation is genuine, respond responsibly.
Where you have concerns about possible arrest or the nature of the allegation, obtaining legal advice before attending may be prudent.
Can Police Arrest You Because You Refused an Invitation?
Police powers of arrest are governed by law.
An invitation itself should not be treated as a substitute for the legal requirements governing arrest.
If investigators have lawful grounds to arrest a person in connection with an alleged offence, the arrest must be based on the applicable legal authority — not merely on the idea that anyone who fails to honour an informal invitation automatically becomes a criminal.
At the same time, deliberately avoiding investigators when police are lawfully investigating a matter may complicate the situation.
The better approach is usually to verify the invitation, obtain legal advice where necessary and respond through proper channels.
Can Police Detain You Until You “Confess”?
No person should be detained simply for the purpose of forcing a confession.
Section 34 of the Constitution protects the dignity of the human person and prohibits torture and inhuman or degrading treatment.
Nigeria’s Anti-Torture Act 2017 also prohibits torture.
A confession obtained through oppression, torture or other unlawful means raises serious admissibility and human-rights issues.
Police investigation should be aimed at gathering evidence — not manufacturing admissions through intimidation or abuse.
What If the Complaint Is Really a Civil Dispute?
Another recurring problem involves police invitations arising from disputes that may essentially concern contracts, debts, property or commercial disagreements.
Not every disagreement constitutes a criminal offence.
A failed business transaction, inability to repay a debt or breach of contract does not automatically amount to fraud.
However, a transaction that appears civil on the surface can contain allegations of criminal conduct such as obtaining property by false pretence, forgery or theft.
The facts therefore matter.
Police should investigate genuine allegations of crime, but criminal processes should not be used merely as a debt-collection mechanism or to intimidate one party in an ordinary civil dispute.
Seven Things to Do When You Receive a Police Invitation
1. Do not panic.
An invitation does not establish guilt.
2. Verify the invitation.
Confirm that it genuinely came from the police formation or officer identified.
3. Ask what the invitation concerns.
You may politely request the complaint, allegation or general subject of the investigation.
4. Keep a copy.
Preserve the letter, WhatsApp message, email or other communication.
5. Tell someone where you are going.
A trusted relative or associate should know the police formation you are attending.
6. Consider speaking with a lawyer.
This is particularly important where you believe you are being accused of an offence.
7. Remain calm and respectful.
Knowing your rights does not require confrontation with police officers.
What If Police Refuse to Release You?
Once an invited person is detained, the constitutional rules governing personal liberty become relevant.
Section 35 of the Constitution requires an arrested or detained person to be brought before a court within the period prescribed by the Constitution.
Whether a particular detention is lawful depends on the circumstances, including the alleged offence, applicable criminal-procedure law and availability of a court within reasonable distance.
A detainee or lawyer may also seek appropriate judicial remedies where detention becomes unlawful.
The Constitution does not give police unlimited authority to keep a person in custody simply because an investigation has not been completed.
Police Also Need the Public’s Cooperation
Protecting citizens’ rights should not undermine legitimate criminal investigations.
Police depend heavily on witnesses, complainants and members of the public for information.
A witness who refuses to cooperate may make it more difficult to investigate kidnapping, fraud, assault, homicide and other serious offences.
The proper balance is therefore cooperation within the law.
Citizens should respect legitimate police investigations, while law-enforcement officers should respect the constitutional rights of the people they investigate.
Step Rights Legal Insight
The most important distinction is between being invited and being arrested or detained.
Police may contact someone because investigators believe that person can assist an investigation, and they may not necessarily disclose every piece of evidence before an interview.
But once the police deprive a person of liberty as a suspect, constitutional protections cannot be replaced by the words:
“We only invited you.”
If you are arrested or detained, you have important rights, including the right to be informed of the grounds for that arrest or detention and the right to consult a lawyer before answering questions.
When you receive a police invitation, do not panic and do not unnecessarily confront the officers.
Verify it. Ask what it concerns. Keep a copy. Seek legal advice where appropriate. Honour legitimate law-enforcement processes — but know your rights.
The rule of law requires both sides to fulfil their responsibilities: citizens should cooperate with lawful investigations, and police must exercise their powers according to law.
This publication provides general legal education and should not be treated as legal advice for a particular case.
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