What to Say and What Not to Say at a Police Station

Being taken to a police station—either formally or informally, can be disorienting. The surroundings are unfamiliar, the questions often sharp and occasionally abrasive, and the pressure to speak is immediate. Many people lose their sense of footing the moment they enter custody. They answer questions they shouldn’t, volunteer information they don’t fully understand, or make statements that end up causing more harm than good.

This article is a simple, practical guide: what you should say, what you should decline to say, and how your words interact with the law. Knowing this matters because words can shape the rest of your legal journey long before a court ever sees your face.

Most importantly, the protections I’ll explain come from the Police Act 2020, primarily from Section 35, and they reflect Nigeria’s broader legal commitment to the rights of suspects in custody. The law expects officers to act a certain way, and it gives you rights a certain way. Understanding both makes all the difference.

What You Should Say

1. Clearly Invoke the Right to Remain Silent

If you are arrested or taken into custody, you can and should state:

“I choose to remain silent until I speak with a lawyer.”

This is a legal right recognized under Section 35(2)(a) of the Police Act 2020. It means you do not have to answer questions or make statements until you have consulted a legal practitioner or someone of your own choice.

You don’t have to debate it. You don’t have to rationalize it. You just assert it politely and calmly.

2. Ask to Speak to a Lawyer

You can (and should) say:

“I want to speak with a lawyer before answering any questions.”

Under Section 35(2)(b) of the Police Act, you have the right to consult with counsel of your choice before making, endorsing, writing, or answering any question after arrest.

If you cannot afford one, you can ask for help from organisations that provide free legal representation, such as the Legal Aid Council of Nigeria, and that is explicitly recognised under Section 35(2).

3. Ask for the Reason for Your Arrest

The law places a duty on the police to tell you why you are being arrested. Section 35(1) of the Police Act says the officer making the arrest must inform you of the reason for the arrest.

You can say:

“Please tell me the reason I am being arrested.”

It’s not confrontational; it’s legal.

4. Ask for Contact with Relatives

You can say:

“I would like to notify my next of kin of my arrest.”

Section 35(3) requires that your next of kin or relatives be informed of your arrest at no cost to you.

This is often overlooked in practice, but you are entitled to it.

What You Should Not Say

1. You Should Not Volunteer Information Beyond Identification

While you must give basic identification when asked, such as name, address, date of birth, and similar facts, you are not required to explain your version of events. You are not required to narrate your story before you speak to a lawyer.

What you should not say is:

• “I’ll explain everything.”

• “Let me just tell my side of the story.”

• “I wasn’t doing anything.”

• “I was just there to…”

Anything that sounds like an explanation can be recorded and later used as a statement against you.

2. Do Not Make Emotional Appeals Without Legal Advice

In the heat of the moment, some people start explaining motives, feelings, or context. That can easily be shaped into a statement that suggests culpability or admission of facts the police might use against you in court.

3. Do Not Agree to Sign Blank or Draft Documents

Police stations may present forms, notebooks, or written statements. You are not required to sign anything without fully understanding what it says, and without legal counsel. Signing something you haven’t read or that was prepared before your lawyer sees it can bind you legally.

4. Do Not Say You Understand Your Rights If You Don’t

If you are told about your rights, do not nod along and say you “understand” unless you genuinely do. A simple:

“Please repeat that.” or "I would like to consult my lawyer before answering anything.”

is enough.

What the Law Requires the Police to Do

It helps to know that the law places specific duties on police officers once a person is arrested or taken into custody. These duties are not informal expectations as they are codified (i.e., written into Nigerian law)

1. They must inform you of the reason for your arrest.

Section 35(1) of the Police Act 2020 requires that any person arrested be informed promptly of the reason for the arrest. An arrest without explanation does not meet the standard set by the Act.

2. They must inform you of your rights, including the right to remain silent and consult a lawyer.

Section 35(2)(a) of the Police Act 2020 provides that a suspect shall be informed of the right to remain silent or avoid answering any question until consultation with a legal practitioner or any other person of their choice. This duty arises immediately upon arrest.

3. They must allow access to legal representation and notify your next of kin. Section 35(2)(b) affirms the right of a suspect to consult a legal practitioner of their choice. Section 35(2)(c) further requires that the police notify the suspect’s next of kin or relative of the arrest at no cost to the suspect. These are procedural safeguards built into lawful detention.

4. Any statement made must be voluntary and properly recorded.

Section 60 of the Police Act 2020 regulates the recording of statements from suspects. It recognizes written, electronic, and audio-visual recording methods, but the emphasis is that statements must be voluntary. The Act anticipates safeguards against coercion and improper influence during questioning.

Putting It Together

Imagine you are at a station and an officer starts asking questions beyond identification. You can respond like this:

• “I’d like to know why I am being arrested.”

• “I choose to remain silent until I consult my lawyer.”

• “I would like to contact my family now.”

Repeated respectfully, this approach protects your position and makes it clear you understand your rights without closing off communication entirely.

Why What You Say Matters

Words matter in a police station because what you say becomes part of the record. Written statements, investigative files, court documents, etc. Once those words are on paper, they can shape the path of your case long before a judge ever sees it.

What you choose not to say is just as important as what you do say.

Knowing how to express your rights clearly and calmly is not about being difficult; it’s about being informed.

And that is a kind of power most people unfortunately don’t discover until it’s far too late.