Your rights when you are questioned by the EFCC or the police

Being questioned by investigators is stressful, but you are not without protection. The Constitution of the Federal Republic of Nigeria and the Administration of Criminal Justice Act 2015 (ACJA) give every suspect clear rights. Knowing them helps you stay calm and protect your position.

The right to remain silent and to a lawyer

Section 35(2) of the Constitution gives a person who is arrested or detained the right to remain silent or avoid answering any question until after consultation with a legal practitioner of their choice. Use it: politely say you will answer once your lawyer is present.

The right to know why

You are entitled to be informed, in writing and within 24 hours, of the facts and grounds for your arrest or detention, in a language you understand (section 35(3)).

The right to be brought before a court

A person detained must be brought before a court within a reasonable time — generally within one day where there is a court within 40 kilometres (section 35(4)–(5)). Your lawyer can apply for bail and, where detention is unlawful, enforce your fundamental rights.

How statements should be taken

• The ACJA allows a suspect’s statement to be taken in the presence of a legal practitioner of their choice.
• Statements may be recorded electronically, which protects you as much as the investigators.
• Read every page before signing; ask for corrections where anything is inaccurate.

Other protections

• No one may be subjected to torture or inhuman treatment (section 34).
• The ACJA prohibits arresting a relative or other person in place of a suspect.
• You are entitled to humane treatment and access to your lawyer.

Practical steps

• Keep your lawyer’s number with you.
• Tell a trusted person where you are going if you are honouring an invitation.
• Do not argue or resist — note names, times and what is said, and let your lawyer act.

Every situation is different — for advice on yours, speak with our team in confidence.