Nigeria
Criminal investigations in Nigeria
The federal police investigate; the federal or state attorney-general decides whether to prosecute — with specialised federal agencies for corruption and financial crime.
Facts on this page were checked against their sources on .
Criminal investigation follows the common-law division of labour, with a federal twist: the Nigeria Police Force — a federal force — investigates, while the decision to prosecute rests with the Attorney-General of the Federation for federal offences or the State Attorney-General for state offences (sections 174 and 211), either of whom may take over or discontinue a prosecution. For corruption and financial crime, the specialised federal agencies (the EFCC and the ICPC) both investigate and prosecute nationwide.
The same idea, explained generally
- What is a criminal investigation?
A criminal investigation is a legally authorised process for establishing whether an offence occurred and gathering evidence that can be tested in court. This guide explains its structure, safeguards, and known failure modes.
- What is due process?
Due process is the requirement that the state follow fair, established procedures before it takes action against a person. This guide explains what it typically includes and how it differs between systems.
Sources
Sources
Constitution of the Federal Republic of Nigeria, 1999 (as amended)
National Human Rights Commission of Nigeria (official text host) · Legislation · 1999 · link verified 2026-07-27
The Constitution of the Federal Republic of Nigeria 1999 (as amended, the copy carrying amendments through 2011), downloaded as the full official PDF (775,326 bytes, 137 pages) and confirmed verbatim in two independent passes. Supports: s 4 and the Second Schedule (the division of legislative power — the Exclusive Legislative List for the Federation, the Concurrent List for both, and residual matters for the States under s 4(7)); Exclusive List item 45 and s 214(1) ("There shall be a police force for Nigeria … no other police force shall be established for the Federation or any part thereof" — a single national police); Exclusive List item 48 ("Prisons" — federal corrections); s 6(5) (the superior courts of record — the federal Supreme Court, Court of Appeal, Federal High Court and FCT High Court, and the State High Courts, Sharia Courts of Appeal and Customary Courts of Appeal); s 230/233/235 (the Supreme Court as apex, its decisions final); s 237 (the Court of Appeal); s 275/280 (State Sharia and Customary Courts of Appeal, headed by a Grand Kadi); s 150/174 (the Attorney-General of the Federation, a Minister and Chief Law Officer, with power to institute, take over or discontinue federal prosecutions) and s 195/211 (each State Attorney-General with the mirror power for state offences); s 215 (the Inspector-General commanding the Nigeria Police Force, with the President's lawful-directions power); s 153 and the Third Schedule (the National Judicial Council, the Police Service Commission and the Nigeria Police Council); and s 81(3)/292 (judicial funding through the NJC and security of tenure). Establishes that Nigeria is a federation in which police and prisons are federal, while courts, prosecution and (residually) criminal law operate at both the federal and state levels.