During investigations, it is common for individuals to be invited by the Police or other law enforcement organs for questioning. Many people react with panic and fear of potential detention, especially when police personnel treat them like criminals and label them as “suspects.” This article clarifies the distinction between an invited person and a suspect and explains how individuals should be treated during investigations.
What Is an Arrest?
An arrest occurs when law enforcement takes someone into custody based on probable cause. This means there must be sufficient evidence to reasonably believe a crime has been committed. The Supreme Court stated in Fawehinmi v. Inspector-General of Police (2002)[1] that it is illegal to arrest someone without enough evidence to warrant charges. Therefore, police cannot detain or impede the movement of an invited person unless there is sufficient evidence against them.
It is also unlawful to arrest someone merely under the pretext of conducting an investigation, which implies a lack of evidence at the time of arrest. In Economic and Financial Crimes Commission v. Mr. Ejenavi Jonah Oyubu & others (2019)[2], the court emphasized that a proper investigation must precede any arrest. After an arrest, the suspect must be brought to court within 24 to 48 hours.
Additionally, neither an invited person nor a suspect needs to apply for bail. The arresting authority cannot alter bail conditions, which are a statutory and constitutional right, except in capital offenses. This principle was reinforced in The Economic and Financial Crimes Commission v. Emem Uboh (2022)[3], where the court asserted that the arresting authority has no right to grant bail. If further detention is necessary, law enforcement must seek a court order detailing the reasons.
Who Is a Suspect?
A suspect is someone believed to have committed a crime based on gathered evidence. An individual is officially classified as a suspect only when it is established that a crime has occurred and there are facts linking them to that crime. Suspicion must not be arbitrary; it requires credible information to support the belief.
The Court of Appeal clarified in D.S.S.S Kano & another v. Nnadi (2020)[4] that reasonable suspicion must be based on sound judgment and specific facts. Similarly, in Ubochi vs. Ekpo (2014)[5], the court defined “reasonable suspicion” as requiring a factual basis sufficient for an objective assessment of potential criminality.
From the moment a crime is alleged, anyone can be invited for questioning without being deemed a suspect. They only become a suspect if evidence emerges during questioning that links them to the offense. This distinction is crucial to prevent individuals from being prematurely labeled as suspects and facing the associated stigma. Falsely labeling someone as a suspect can lead to defamation claims, allowing for potential lawsuits for damages, especially if the label causes harm.
Conclusion
In summary, an invitation to the police does not automatically classify someone as a suspect. To label a person as a suspect, it must first be established that a crime occurred and that there are facts linking that person to the crime. Unjustly labeling someone a suspect without reasonable cause may expose law enforcement to defamation claims. A person only becomes a suspect if it becomes evident during questioning that they are connected to the investigated offense. All individuals are entitled to be immediately released on bail unless a court order is obtained for extended detention.
- Oluwaseun Adedayo Omotoso is a Legal Practitioner, scholar and social commentator based in Lagos Nigeria.
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[1] (2002) 7 NWLR (PT. 767) Page 606 at Page 670 Paragraphs F-H
[2] (2019) LPELR-47555(CA) 2019
[3] (2022) LPELR 57968(CA)
[4] (2020) LPELR-52031(CA)
[5] (2014) LPELR 23523(CA)