Updated Note:
This article was originally published in 2024. It has been reviewed and updated to provide greater clarity on the legal position of persons invited for questioning by security and law enforcement agencies in Nigeria. In particular, the revised article distinguishes between a voluntary invitation for questioning and a situation in which a person has been arrested or detained, because different legal consequences and protections may arise depending on the circumstances.
Introduction
Receiving an invitation to appear before a security or law enforcement agency in Nigeria can be intimidating. An invitation may arise because a person is believed to have useful information, is connected with an investigation, or is suspected of involvement in an alleged offence.
However, being invited for questioning does not automatically mean that a person has committed an offence or that the person has been arrested. It is important to understand the purpose of the invitation, the identity of the agency involved, and your legal position before making decisions or providing information.
This article provides general information about what a person may expect when invited for questioning by a Nigerian security or law enforcement agency and the legal protections that may become relevant where the situation results in an arrest or detention.
1. Understand Why You Have Been Invited
Before attending an interview, it may be helpful to ask for information about the reason for the invitation and the matter under investigation.
Depending on the circumstances, an agency may invite a person because the person is:
• A Witness: The person may have information relevant to an investigation.
• A Person Connected with the Matter: The agency may wish to clarify the person’s relationship with individuals, transactions, events, or documents connected with the investigation.
• A Person of Interest or Suspect: The agency may wish to question the person in connection with an allegation or suspected offence.
Where possible, it is sensible to seek clarification about the purpose of the invitation before attending. The level of information available may depend on the circumstances and the stage of the investigation.
2. Confirm the Identity of the Agency and the Invitation
Security and law enforcement agencies in Nigeria have different statutory responsibilities and powers. A person may receive an invitation from an agency such as the Nigeria Police Force, the Department of State Services, the Economic and Financial Crimes Commission, or another law enforcement or investigative body.
Before responding, it is important to take reasonable steps to confirm that the invitation is genuine. Where an invitation is received through a telephone call, message, email, or another informal means, you may consider independently verifying the identity of the officer or office responsible for the invitation.
If an invitation letter has been issued, keep a copy of it. The letter may contain useful information, including the agency involved, the date and location of the interview, and the officer or department responsible for the investigation.
3. An Invitation Is Not Always the Same as an Arrest
One important distinction is the difference between voluntarily attending an interview following an invitation and being arrested or detained.
A person who attends an agency voluntarily in response to an invitation may not necessarily be under arrest. However, the situation may change depending on what occurs during the interview and the decisions taken by the investigating officers.
If a person is arrested or detained, constitutional and statutory safeguards relating to personal liberty, information about the reason for the arrest or detention, access to legal advice, and other protections may become applicable.
For this reason, a person should pay attention to the circumstances of the interview and seek legal advice where there is uncertainty about whether the person remains free to leave.
4. Consider Speaking with a Lawyer Before Attending
Depending on the nature of the invitation, consulting a lawyer before attending may be advisable.
A lawyer may help you understand the nature of the invitation, the legal issues that may arise, and how best to respond to requests for information or documents.
Legal advice may be particularly important where:
• you are informed that you are suspected of committing an offence;
• the investigation concerns a serious criminal allegation;
• you are asked to make or sign a written statement;
• you are asked to provide potentially incriminating information or documents;
• you are unsure about your legal status during the interview; or
• you are arrested or prevented from leaving.
5. Questions You May Be Asked
The nature of the questions asked will depend on the investigation. An interview may involve questions about your identity, occupation, relationship with other persons, knowledge of particular events, transactions, communications, or documents.
Questions may include:
• Background Questions: Questions about your personal or professional background and your relationship with persons connected with the investigation.
• Questions About Events: Questions concerning dates, locations, meetings, transactions, communications, or other relevant events.
• Questions About Documents or Evidence: Questions relating to records, electronic communications, financial transactions, business documents, or other materials connected with the investigation.
Where you genuinely do not know the answer to a question, it may be better not to speculate. Providing inaccurate information simply to answer a question can create unnecessary complications.
6. Be Careful Before Making or Signing a Statement
A person may be asked to provide a written statement during an investigation. Before signing any statement, it is important to ensure that you understand its contents and that it accurately reflects what you intend to say.
The circumstances in which a statement is taken may have legal consequences, particularly where a person has been arrested in connection with an alleged offence.
Under the Administration of Criminal Justice Act 2015, where applicable, provisions exist concerning the recording of statements made by suspects after arrest, including provisions relating to the presence of a legal practitioner or other specified persons and the use of an interpreter where a suspect does not understand, speak, or write English.
Where you are unsure about the implications of a statement, you should consider seeking legal advice before signing it.
7. Your Rights If You Are Arrested or Detained
If an invitation results in an arrest or detention, additional constitutional and statutory protections may apply.
The Constitution of the Federal Republic of Nigeria 1999 (as amended) protects the right to personal liberty. It also provides that a person who is arrested or detained has the right to remain silent or avoid answering questions until after consultation with a legal practitioner or another person of the person’s choice.
A person who is arrested or detained is also entitled to be informed of the facts and grounds for the arrest or detention in accordance with the Constitution and applicable law.
The precise legal protections available may depend on the circumstances, the investigating agency, the nature of the allegation, and the criminal procedure law applicable to the matter.
8. You May Be Asked to Provide Documents or Other Information
During an investigation, an agency may request documents, electronic records, financial information, or other materials believed to be relevant to the matter under investigation.
The appropriate response may depend on the legal basis of the request and the circumstances in which it is made. Some requests may raise issues concerning privacy, professional obligations, privilege, confidentiality, or constitutional rights.
Where a request involves sensitive documents or information, legal advice may be helpful before voluntarily providing material that may have significant legal consequences.
9. Interviews and Statements May Be Recorded
An interview may be documented in different ways depending on the agency, the nature of the investigation, and the applicable procedures. This may include written notes, written statements, audio recording, video recording, or other forms of documentation.
You should not assume that every interview will be recorded in the same manner. If you are asked to adopt, endorse, or sign a written record of an interview, read it carefully and ensure that you understand what it contains.
10. Possible Outcomes After the Interview
There are several possible outcomes following an interview, depending on the investigation.
These may include:
• No Further Action at That Stage: The agency may not require any further information from you.
• A Request for Further Information: You may be contacted again to clarify information or provide additional documents.
• Further Investigation: The agency may continue investigating the matter after the interview.
• A Change in Legal Status: Depending on the information obtained and the circumstances of the investigation, a person who initially attended as a witness or voluntarily in response to an invitation may subsequently become a suspect.
The appropriate course of action will depend on the facts of the particular case.
11. Maintain Composure and Avoid Obstruction
An interview with a security or law enforcement agency can be stressful. However, remaining calm and respectful can help prevent unnecessary escalation.
At the same time, cooperation should not be confused with providing information that you do not understand, signing documents without reading them, or speculating about matters you do not know.
If a legal issue arises during the process, seek appropriate legal advice rather than attempting to resolve complex legal questions without assistance.
12. What to Do Before Attending an Interview
Before attending an interview following an invitation from a security or law enforcement agency, you may consider the following:
A. Confirm the identity of the agency and the officer responsible for the invitation.
B. Ask, where appropriate, for information about the purpose of the invitation.
C. Keep a copy of any invitation letter or written communication.
D. Consult a lawyer where the circumstances suggest that legal advice may be necessary.
E. Gather any information or documents you have been lawfully asked to bring, but avoid altering, destroying, or concealing relevant material.
F. Before signing any statement or document, read and understand its contents.
G. If your circumstances change and you are arrested or detained, seek to understand your legal position and obtain legal assistance where necessary.
Important Legal Distinction
It is important to remember that the law relating to an investigation can depend on the specific facts of the case. The legal position of a witness may differ from that of a suspect, and the legal protections applicable to a person who voluntarily attends an interview may differ from those that arise after an arrest or detention.
In addition, criminal procedure in Nigeria may be governed by different legislation depending on the nature of the offence, the court with jurisdiction, the investigating agency, and whether the matter falls under federal law or applicable state criminal justice legislation.
For these reasons, general information should not be treated as a substitute for legal advice on a particular investigation.
Conclusion
Being invited for questioning by a security or law enforcement agency in Nigeria is a serious matter, but an invitation does not automatically mean that a person is guilty of an offence or has been arrested.
Understanding the purpose of the invitation, confirming the identity of the agency, knowing when to seek legal advice, and understanding the distinction between voluntary questioning and arrest or detention can help a person respond more appropriately to the situation.
If the matter involves a criminal allegation, a request for a formal statement, sensitive documents, an arrest, or any uncertainty about your legal position, obtaining legal advice may be an important step in protecting your rights and understanding your obligations.
Legal Framework
The legal issues discussed in this article may arise under applicable provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Administration of Criminal Justice Act 2015, the Nigeria Police Act 2020, and other applicable federal or state laws regulating criminal investigation, arrest, detention, and criminal procedure.
Legal Disclaimer
This article is provided for general informational purposes only and does not constitute legal advice. The appropriate legal response to an invitation, investigation, arrest, or detention will depend on the particular facts and applicable law. For advice relating to a specific matter, you should consult a qualified legal practitioner.
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