The Police Don’t Invite, They Arrest

By Dazi Sallau Taddy, Esq.

It is generally becoming a new normal, as far as I know, at least in Plateau State, that officers and men of the Nigeria Police Force now ‘invite’ suspects as against arresting them. How this method came about, I am yet to know. But this is how it works: A complaint is made against a person to the Police, the complainant furnishes the Police with the person’s phone number, the Police call the person on phone and inform him that he is being invited to the Police station. As loyal as most citizens are, they honour the invitation and Boom! They are arrested right inside the Police Station, investigated and subsequently prosecuted in Court.

The question is: do Police invite a suspect or do they arrest a suspect? The ordinary meaning of invite is to ask someone to go somewhere or do something. This does not normally require the use of force or any form of authority. However, according to the Black’s Law Dictionary to arrest means “The taking or keeping of a person in custody by legal authority, especially in response to a criminal charge; specifically, the apprehension of someone for the purpose of securing the administration of the law, especially of bringing that person before the Court”.

Do the functions of the Nigeria Police Force include to ‘invite’? Section 32(1) of the Nigerian Police Act, 2020 provides that:

“A suspect or defendant alleged or charged with committing an offence established by an Act of the National Assembly or any other law shall be arrested, investigated and tried or dealt with according to the provisions of this Act, except otherwise provided under this Act”.

Section 33 of the Police Act also provides that:

“In making an arrest, the Police Officer or other persons making the arrest shall actually touch or confine the body of the suspect, unless there is a submission to the custody by word or action.”

From the ordinary meanings of the words ‘invite’ and arrest’ in relation to the duties of the Police, it is difficult to say that a Policeman upon receipt of a complaint can sit in the comfort of his Office and make a phone call to the Police informing a suspect that he is being invited to the Police Station. The duty of a Policeman upon receipt of a complaint is to arrest the suspect. Simple! A policeman can arrest with or without a warrant. The wordings of the law are very clear: “A suspect or defendant … shall be arrested”; “In making the arrest”.

Unfortunately, in Plateau State, it is when the suspect honours the ‘invitation’ that he is arrested right there in the Police Station. Another unfortunate scenario is that failure to honour the invitation eventually becomes an offence. Normally the Police do not even disclose the likelihood of a complaint against a person or the complainant when making the invitation. This is a shady way of carrying out the functions of the Police.

Most of the complaints which require the Police to ‘invite’ a person border mainly on purely civil matters. This is what my findings have revealed. The law frowns at such conduct. Section 32(3) of the Police Act provides that:

“A person shall not be arrested merely on a civil wrong or breach of contract.”

See also OKAFOR V. AIG, POLICE ZONE II, ONIKAN [2019] Law Pavilion Electronic Law Report (LPELR) – 4605 it was held that “when a person reports a purely civil matter to the Police, such a person cannot go scot-free, as the report ought not to have been made at all since it is not within the purview of the Police duties. It is a report made mala fide and he will be equally liable for the action taken by the Police irrespective of whether he actively instigated them or not, since he had no business involving them in a purely civil matter in the first place. Such conduct which portrays a disregard of the law and is aimed at using the coercive powers of the State to punish a contracting party in a purely civil matter ought to be made mulcted in exemplary damages. In the instant case, the conduct of Mrs. Sokari Davies, an enlightened person who reported such a matter to the Police instead of going to Court to seek for enforcement of the contract or damages for breach of same, amounted to wickedness, and was mala fide. The charges of cheating and criminal breach of trust could not have a place against the appellant, let alone proving it to a conviction. In fact, he deserved an unreserved apology from Mrs. Sokari Davies who set unjustly and mala  fide, the criminal process against the appellant”. (Emphasis ours)

Under this circumstance, the Police are simply giving themselves to be used as a willing tool to bully and intimidate citizens and to also take advantage of people’s ignorance and gullibility to extort money. Many Policemen have acted as debt collectors while pretending to be handling a case bordering on cheating or breach of trust. While some have handled land matters under the guise of criminal trespass.

What could have informed the mind of the Police that upon receipt of a complaint they are expected to ‘invite’ the suspect instead of to arrest him or her? There may be some reasons amongst which are –shortage of manpower: The Nigerian Police Force is not adequate compared to the overall population of Nigeria.

1. Cowardice: Many Policemen are not courageous enough to carry out their duties.
2. Lack of Training: It appears the Nigerian Police Force is not getting the requisite training thereby making it unable to carry out it functions.
3. Indolence: Some officers and men of the Nigerian Police Force can be described as lazy.
4. Poor Remuneration: A poorly paid force will lack the motivation to function properly.

In view of the above reasons, it is obvious that the method of inviting citizens who ought to be arrested is illegal and unconstitutional. There is therefore the need to stop such act. If left to continue citizens will be exposed to more danger and society will be at risk of being insecure.

Some of the dangers associated with the invitations are that a criminal can pose as a Policeman and make a phone call to an unsuspecting citizen to honour an ‘invitation’ to a Police Station only for the citizen to end up falling victim of some crime like kidnapping or abduction or armed robbery. An innocent victim can also be forced or lured into offering a bribe to such Police who resort to such method.

The Inspector General of Police is therefore called upon to take note of this illegal method of arresting citizens with a view to putting an end to same. Commissioners of Police, area Commanders and divisional Police Officers are to also take note. Meanwhile, citizens are advised to ‘shine their eyes’ and begin to resist the method of ‘invitation’ as an alternative to arrest. Lawyers should also advise their clients against honouring such ‘invitations’.

By Dazi Sallau Taddy, Esq., (former Chairman, Nigerian Bar Association (NBA), Bukuru Branch) Taddy and Company, Suite 21, Block B, Jere Plaza, Along Jos-Bukuru Express Way, Jos South, Plateau State 08037968378;taddynine@yahoo.com