Before Consulting a Lawyer When Arrested or Invited by Police or EFCC
If you are arrested or receive an invitation for questioning from the Police or EFCC, the way you respond in the first few hours can strongly influence outcomes. This guide shows what to do before speaking with a lawyer so you can protect your rights and prepare a strong defense.
Introduction: Why Preparation Matters
Arrest and investigative invitations are time sensitive. Mistakes happen when people panic, try to explain everything immediately, or sign documents without understanding them. Preparing before you consult a lawyer helps you stay calm, secure important details, and avoid self incrimination. Your lawyer will rely on your early notes and documents to evaluate the legality of the arrest or invitation, assess bail prospects, and craft the best strategy.
Know Your Immediate Rights
- Right to counsel: You can speak to a lawyer before making statements. Politely insist on it.
- Right to remain silent: You are not required to answer questions until you have legal advice.
- Right to dignified treatment: You should not be coerced or threatened. Ask for the names and ranks of officers.
- Right to bail for most offences: Ask about bail as soon as practicable and contact your lawyer or a trusted person.
- Right to inform someone: You can notify a family member or trusted person of your location.
Steps You Can Take Before Seeing a Lawyer
- Stay calm and cooperative: Provide identity details if requested, but avoid substantive statements until your lawyer arrives.
- Ask for identification: Note the names, ranks, service numbers, and agency units of officers. If shown a warrant or invitation letter, read and keep a copy or take a clear photo.
- Record the circumstances: Time, date, location, whether force was used, property seized, devices taken, and any witnesses present.
- Inform a trusted person: Share your location, the station or office address, and a contact number for the unit handling your matter.
- Secure relevant documents: Bank statements, contracts, receipts, emails, device logs, or transaction reports that relate to the allegation. Do not alter or delete anything.
- Avoid casual conversations: Do not “explain informally.” Anything you say can be recorded informally and used later.
- Politely request to delay statement taking: Let officers know you will make a statement in the presence of your lawyer.
- Ask about bail early: Inquire on the conditions and whom to contact to perfect it once your lawyer arrives.
Checklists to Use Right Away
- Names and ranks of officers, agency unit, and phone contacts if available
- Date, time, and place of arrest or interview invitation
- Nature of allegation and any documents shown to you
- Items or devices seized and whether a receipt or inventory was given
- Names and numbers of witnesses or persons present
- Official ID card and a charged phone with airtime and data
- Essential medication and contact list for family and counsel
- Relevant reference documents or copies your lawyer needs
- Cash or card for transport and incidental costs such as document copies
Evidence and Documents to Gather
Provide your lawyer with clear, legible copies. Where possible, add short notes that explain what each item proves.
- Invitation letter, arrest warrant, charge sheet, or any written request to attend
- Correspondence with complainants or investigators, including emails or letters
- Contracts, invoices, receipts, bank statements, ledgers, and proof of payment
- Device or account logs relevant to the allegation, exported in a safe read only format
- Medical reports if injuries occurred during arrest or detention
- A chronological timeline of events with dates, amounts, counterparties, and witnesses
Common Mistakes Clients Make
- Volunteering detailed statements before legal advice
- Signing pre written statements or documents without counsel
- Offering money or gifts to officials which can trigger separate offences
- Ignoring a formal invitation which can escalate to arrest
- Withholding key facts from your lawyer which weakens advice and strategy
Common Misconceptions
“If I am innocent, I should explain everything now.” Innocent people can still make statements that are misunderstood. Wait for your lawyer.
“Only guilty people receive EFCC invitations.” Investigations often involve witnesses and persons of interest who are not suspects.
“I only need a lawyer if I am charged to court.” Early legal advice during investigation prevents avoidable errors and can shape case direction.
Preparing for the Consultation
- Provide a clean timeline: dates, amounts, persons involved, and supporting references
- Hand over copies of warrants, invitations, seizure inventories, or receipts
- Bring identity documents and details of potential sureties for bail
- Be candid regarding sensitive facts such as prior statements or admissions
- Is the arrest or invitation lawful in the circumstances
- What are my realistic bail options and requirements
- Should I make a written statement now or wait
- What immediate steps can reduce risk to me or my business
Practical Insights and Sample Scripts
“Officer, I would like to contact my lawyer before I make any statement.”
“I am willing to cooperate. Kindly allow me to have my lawyer present during questioning.”
“Please note the items seized in the inventory and provide me a copy.”
“I am requesting information on bail and the conditions required to perfect it.”
Frequently Asked Questions
Can the Police or EFCC arrest without a warrant
Yes in limited situations such as when an offence is being committed or there is a risk to the investigation. Otherwise they typically proceed with a warrant or a written invitation.
Do I have to attend an EFCC invitation
Ignoring a formal invitation can escalate matters and lead to arrest. Consult a lawyer and attend with counsel where possible.
Is bail automatic
No. Most offences are bailable but conditions vary. Your lawyer will advise on documentation and sureties required.
What if I cannot afford a lawyer immediately
You can request duty counsel or contact the Legal Aid Council. You may also reach out to civil society legal clinics where available.
Should I make a statement to clear my name
Only after legal advice. In some cases a concise written statement settled by your lawyer is safer than an oral interview.
Final Thoughts and Next Steps
How you act in the first hours after arrest or upon receiving an invitation often sets the tone for your case. Stay calm, capture key details, preserve evidence, and do not sign or submit statements until you have consulted a lawyer. Early, careful preparation gives your lawyer the tools to secure bail where available, challenge irregularities, and present your position accurately.
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