What To Expect When The Police Or Any Other Law Enforcement Agency In Nigeria Invites You For Questioning?

Introduction:

The power of the police to investigate criminal activities is covered under section 31 of the Police Act, 2020, which provides as follows:

"Where an alleged offence is reported to the Police, or a person is brought to the police station on the allegation of committing an offence, the Police shall investigate the allegation in accordance with due process and report its findings to the Attorney-General of the Federation or of a State, as the case may be, for legal advice."

The primary objective of the police or any other law enforcement agency when conducting a criminal investigation is to determine what crime was committed, who committed the crime, and how the crime was committed, with the aim of prosecuting the culprit in Court. A criminal investigation can also be carried out to gather evidence and prevent the commission of a crime.

Sources of Criminal Investigation:

Although the receipt of petitions from complainants is the most common source of a criminal investigation, other sources of criminal investigation include the following:

1. Information from informants.
2. Information from intelligence agencies.
3. Direct observation by a police officer.
4. Administrative panel of inquiry.

For this article, we shall focus on petitions from complainants. A petition from a complainant typically arises when a third party submits a letter or petition to the police or law enforcement agency, alleging that someone has committed an offence. Ordinarily, a third party is precluded from submitting a petition on a civil matter to the police or law enforcement agency. However, some complainants have devised a devious way to introduce a criminal element into a purely civil transaction, thereby inviting the police or law enforcement agency to investigate a matter for which they lack the proper jurisdiction.

What Happens After the Submission of a Petition to the Police?

Once a complainant submits a petition to the police, the head of the police unit/command/station would approve the petition and assign it to a team for investigation. A key member of the police team who will interact with all parties involved in the petition is the Investigating Police Officer (IPO).

After the petition is assigned to a police team, the IPO would take the following steps:

1. Open a case file for the petition. The case file is a restricted document that contains a copy of the petition submitted by the complainant, as well as supporting documents, letters of invitation, a search warrant, and any other relevant documents.
2. Invite the complainant to write their statement in support of the petition. The complainant's statement is vital in the investigation process because it would also serve as evidence in support of the petition.
3. Invite the defendant (commonly referred to as the "suspect") and any other party mentioned in the petition to write their statement and provide their response to the allegations in the petition. They would also be allowed to provide any documents supporting their response.
4. In deserving cases, the police might also arrest the defendant.
5. Take other steps to obtain additional evidence, which would either support the petition or corroborate the defendant's response.
6. Visit any location or invite any other parties to produce documents on the facts contained in the petition.
7. Prepare a report on the investigation and submit it to the team lead. The report would contain the steps taken during the investigation and the IPO's practical recommendation regarding the matter.
8. Charge the matter to a Court of competent jurisdiction, depending on the nature of the charges to be filed, or forward the case file to the Directorate of Public Prosecutions (DPP) for legal advice. The DPP is an office within the Attorney-General's office, and it oversees public prosecutions, particularly of serious crimes.

Steps to Take When You Receive a Police Invitation:

Although some complainants usually abuse their right to issue a petition against a third party to the police by submitting a petition on a civil matter to the police, it is not advisable to ignore an invitation from the police whenever you receive one. It is also not advisable to file a lawsuit for the enforcement of your fundamental rights against the police when you are yet to honour their invitation. However, if you have cogent evidence suggesting that your invitation is a case of abuse of power or process, you may consider filing a lawsuit for the enforcement of your fundamental rights against the police or law enforcement agency to prevent them from abusing your rights when you eventually honour their invitation. In addition, you may also consider filing a fundamental rights lawsuit if the police abused your rights during your visit to their station.

It should be noted that it is the duty of the police to investigate criminal allegations against citizens, and the Courts cannot stop the police from performing their statutory functions. In the case of IGP & Anor -v- Ubah & Ors (2014) LPELR- 23968 (CA) P 28 Para B, Iyizoba, JCA, held as follows:

"It is indeed trite that no court has the power to stop the police from investigating a crime and whether to or how it is done is a matter within the discretion of the police."

Therefore, if you receive a police invitation regarding any matter, you must take the following steps:

1. Contact a lawyer who has experience interfacing with law enforcement agents.
2. Your lawyer will interface with the IPO and confirm the authenticity of the invitation and notify the IPO if the proposed date and time are convenient for you. If the proposed date and time are not convenient for you, please suggest an alternative reasonable date and time, and provide a valid explanation as to why the initial date is not suitable.
3. Communicate with the IPO in a civil and respectful manner, even if they contacted you through WhatsApp or any other means of communication.
4. The IPO will not disclose the reason for your invitation prior to your appearance at the police station or command. Therefore, consider carefully the transaction or interaction that may have prompted the invitation, compile all relevant documentary evidence related to the likely subject of the petition, and prepare two copies of the complete documentation before you visit the police station/command or the office of the relevant law enforcement agency.
5. Notify two of your trusted and reputable contacts who can stand as your sureties before visiting the police station/command, as the police may decide to release you on bail if the offence you are charged with is a bailable one. Failure to provide your sureties promptly may result in spending the night in detention at the police station/command.
6. Notify your loved ones about your visit to the police station/command, as you will not be allowed to use your phone during your stay. You may also give them your lawyer's number so that they can contact your lawyer for regular updates.
7. Honour the police invitation with your lawyer, who has experience in interfacing with law enforcement agents.
8. Ensure that you read the petition that was written against you thoroughly before writing down your statement in response to the petition, as your statement may be used in court as evidence if the matter is charged to the court. Also, ensure that your statement at the police station is truthful, as any false statements can be detrimental to your case.
9. Do not hesitate to ask the IPO to invite any other person whose testimony might support your response to the petition, as the police or law enforcement agency typically seek corroborating evidence when investigating a matter.
10. You have a right to remain silent and to consult your lawyer before writing your statement. However, you cannot consult your lawyer when writing your statement, as the purpose of the statement is to hear directly from you without any interference from anyone.
11. Do not panic. In many cases, police investigations are usually a mere routine exercise for fact-finding, and they may not involve any serious criminal matter involving you directly. However, it is always better to be prepared for any outcome, as the police do not usually provide sufficient details about the subject of an investigation whenever they invite a defendant to visit the police station.
12. Request a copy of the investigation report after the police or law enforcement agency has concluded their investigation, as it is always good to have a copy of any investigation report involving you for your records.

Conclusion:

It is essential to note that interacting with law enforcement agents requires maturity and a high emotional intelligence. Therefore, you must always cooperate firmly and politely with law enforcement agents whenever you are invited for any matter.

Finally, section 35 (5) (a) of the 1999 Constitution of the Federal Republic of Nigeria provides that anyone who is arrested or detained in any place where there is a court of competent jurisdiction within a radius of forty kilometres must be charged to court within twenty-four hours from their arrest. Therefore, the police have a constitutional duty to ensure that you are charged in Court promptly if their investigation reveals that you have committed an offence.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.