The Law Doesn’t Fear Your Location, It Fears Your Behaviour
Understanding Police Suspicion vs. Legal Burden
MANY Nigerians misunderstand the difference between suspicion and proof. The police are empowered to act on reasonable suspicion. The courts are empowered to act on proof beyond reasonable doubt. The citizen’s mistake begins when they assume the police are applying the court standard at the point of arrest.
In reality, arrests are investigative tools—not judicial conclusions.
When an arrest happens beside you, the police are not concluding you are involved. They are observing whether you behave like someone who might be.
The Psychology of Panic: How It Undermines Legal Innocence
Public health experts and criminal lawyers both identify panic as a dangerous vulnerability point. When bystanders panic, they often:
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Speak too much,
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Say too little,
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Sound defensive,
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Or escalate emotionally.
The legal impact is not in the emotion itself—it is in the interpretation of that emotion by investigators.
A bystander who cannot explain their presence clearly may not be guilty, but may be invited for questioning because the police must document context, connections, and environment of arrest.
Due Process in Questioning a Bystander
While police cannot detain a person purely for being nearby, they can invite or question someone who:
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May help clarify facts,
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May have witnessed events,
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May know the suspect,
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Or may have acted in ways that suggest interference.
The invitation is procedural. The detention is not automatic. The difference is crucial.
Interviews from the Field: What Lawyers See Too Often
Defence lawyers report that bystanders often become entangled in cases because they:
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Interrupt officers physically, assuming it signals loyalty, not obstruction.
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Refuse to identify themselves, assuming silence equals non-involvement, not realizing silence must be strategic, not defiant.
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Argue presence endlessly, not realizing officers are not judging innocence—they are collecting statements.
“You don’t defend innocence at the station. You preserve it.” — Defence lawyer
The Takeaway
An arrest beside you is not your charge sheet. Your reaction should not become one.
