| FUNDAMENTAL RIGHTS
33.
(1) Every person has a right to
life, and no one shall be deprived intentionally of his
life, save in execution of the sentence
of a court in respect of a criminal offence of which
he has been found guilty in Nigeria.
(2) A person shall not be regarded
as having been deprived of his life in contravention
of this section, if he dies as a result
of the use, to such extent and in such
circumstances as are permitted by law,
of such force as is reasonably necessary -
(a) for the defence of any
person from unlawful violence or for the
defence of property:
(b) in order to effect a
lawful arrest or to prevent the escape of a person
lawfully detained; or
(c) for the purpose of
suppressing a riot, insurrection or mutiny.
34.
(1) Every individual is entitled
to respect for the dignity of his person, and accordingly
-
(a) no person shall be
subject to torture or to inhuman or degrading
treatment;
(b) no person shall he held
in slavery or servitude; and
(c) no person shall be
required to perform forced of compulsory labour.
(2) for the purposes of subsection
(1) (c) of this section, "forced or compulsory
labour" does not include -
(a) any labour required in
consequence of the sentence or order of a
court;
(b) any labour required of
members of the armed forces of the
Federation or the Nigeria Police
Force in pursuance of their duties as
such;
(c) in the case of persons
who have conscientious objections to service
in the armed forces of the
Federation, any labour required instead of such
service;
(d) any labour required which
is reasonably necessary in the event of
any emergency or calamity
threatening the life or well-being of the
community; or
(e) any labour or service
that forms part of -
(i) normal communal or
other civic obligations of the
well-being of the community.
(ii) such compulsory
national service in the armed forces
of the Federation as may be
prescribed by an Act of the
National Assembly, or
(iii) such compulsory
national service which forms part of
the education and training of
citizens of Nigeria as may be
prescribed by an Act of the
National Assembly.
35.
(1) Every person shall be entitled
to his personal liberty and no person shall be
deprived of such liberty save in the
following cases and in accordance with a procedure
permitted by law -
(a) in execution of the
sentence or order of a court in respect of a
criminal offence of which he has
been found guilty;
(b) by reason of his failure
to comply with the order of a court or in order
to secure the fulfilment of any
obligation imposed upon him by law;
(c) for the purpose of
bringing him before a court in execution of the
order of a court or upon reasonable
suspicion of his having committed a
criminal offence, or to such extent
as may be reasonably necessary to
prevent his committing a criminal
offence;
(d) in the case of a person
who has not attained the age of eighteen
years for the purpose of his
education or welfare;
(e) in the case of persons
suffering from infectious or contagious
disease, persons of unsound mind,
persons addicted to drugs or alcohol
or vagrants, for the purpose of
their care or treatment or the protection of
the community; or
(f) for the purpose of
preventing the unlawful entry of any person into
Nigeria or of effecting the
expulsion, extradition or other lawful removal
from Nigeria of any person or the
taking of proceedings relating thereto:
Provided that a person who is
charged with an offence and who has been
detained in lawful custody awaiting
trial shall not continue to be kept in
such detention for a period longer
than the maximum period of
imprisonment prescribed for the
offence.
(2) Any person who is arrested or
detained shall have the right to remain silent or
avoid answering any question until after
consultation with a legal practitioner or any
other person of his own choice.
(3) Any person who is arrested or
detained shall be informed in writing within
twenty-four hours (and in a language
that he understands) of the facts and grounds for
his arrest or detention.
(4) Any person who is arrested or
detained in accordance with subsection (1) (c) of
this section shall be brought before a
court of law within a reasonable time, and if he is
not tried within a period of -
(a) two months from the date
of his arrest or detention in the case of a
person who is in custody or is not
entitled to bail; or
(b) three months from the
date of his arrest or detention in the case of a
person who has been released on
bail,
he shall (without prejudice to
any further proceedings that may be brought
against him) be released either
unconditionally or upon such conditions as
are reasonably necessary to ensure
that he appears for trial at a later
date.
(5) In subsection (4) of this
section, the _expression "a reasonable time" means -
(a) in the case of an arrest
or detention in any place where there is a
court of competent jurisdiction
within a radius of forty kilometres, a period
of one day; and
(b) in any other case, a
period of two days or such longer period as in
the circumstances may be considered
by the court to be reasonable.
(6) Any person who is unlawfully
arrested or detained shall be entitled to
compensation and public apology from the
appropriate authority or person; and in this
subsection, "the appropriate authority
or person" means an authority or person specified
by law.
(7) Nothing in this section shall
be construed -
(a) in relation to subsection
(4) of this section, as applying in the case
of a person arrested or detained
upon reasonable suspicion of having
committed a capital offence; and
(b) as invalidating any law
by reason only that it authorises the
detention for a period not
exceeding three months of a member of the
armed forces of the federation or a
member of the Nigeria Police Force in
execution of a sentence imposed by
an officer of the armed forces of the
Federation or of the Nigeria police
force, in respect of an offence
punishable by such detention of
which he has been found guilty.
36
(1) In the determination of his
civil rights and obligations, including any question or
determination by or against any
government or authority, a person shall be entitled to a
fair hearing within a reasonable time by
a court or other tribunal established by law and
constituted in such manner as to secure
its independence and impartiality.
(2) Without prejudice to the
foregoing provisions of this section, a law shall not be
invalidated by reason only that it
confers on any government or authority power to
determine questions arising in the
administration of a law that affects or may affect the
civil rights and obligations of any
person if such law -
(a) provides for an
opportunity for the persons whose rights and
obligations may be affected to make
representations to the administering
authority before that authority
makes the decision affecting that person;
and
(b) contains no provision
making the determination of the administering
authority final and conclusive.
(3) The proceedings of a court or
the proceedings of any tribunal relating to the
matters mentioned in subsection (1) of
this section (including the announcement of the
decisions of the court or tribunal)
shall be held in public.
(4) Whenever any person is charged
with a criminal offence, he shall, unless the
charge is withdrawn, be entitled to a
fair hearing in public within a reasonable time by a
court or tribunal:
Provided that -
(a) a court or such a
tribunal may exclude from its proceedings persons
other than the parties thereto or
their legal practitioners in the interest of
defence, public safety, public
order, public morality, the welfare of persons
who have not attained the age of
eighteen years, the protection of the
private lives of the parties or to
such extent as it may consider necessary
by reason of special circumstances
in which publicity would be contrary
to the interests of justice;
(b) if in any proceedings
before a court or such a tribunal, a Minister of
the Government of the Federation or
a commissioner of the government of
a State satisfies the court or
tribunal that it would not be in the public
interest for any matter to be
publicly disclosed, the court or tribunal shall
make arrangements for evidence
relating to that matter to be heard in
private and shall take such other
action as may be necessary or
expedient to prevent the disclosure
of the matter.
(5) Every person who is charged
with a criminal offence shall be presumed to be
innocent until he is proved guilty;
Provided that nothing in this section
shall invalidate any law by reason only that the law
imposes upon any such person the burden
of proving particular facts.
(6) Every person who is charged
with a criminal offence shall be entitled to -
(a) be informed promptly in
the language that he understands and in
detail of the nature of the
offence;
(b) be given adequate time
and facilities for the preparation of his
defence;
(c) defend himself in person
or by legal practitioners of his own choice;
(d) examine, in person or by
his legal practitioners, the witnesses
called by the prosection before any
court or tribunal and obtain the
attendance and carry out the
examination of witnesses to testify on his
behalf before the court or tribunal
on the same conditions as those
applying to the witnesses called by
the prosecution; and
(e) have, without payment,
the assistance of an interpreter if he cannot
understand the language used at the
trial of the offence.
(7) When any person is tried for
any criminal offence, the court or tribunal shall keep
a record of the proceedings and the
accused person or any persons authorised by him
in that behalf shall be entitled to
obtain copies of the judgment in the case within seven
days of the conclusion of the case.
(8) No person shall be held to be
guilty of a criminal offence on account of any act or
omission that did not, at the time it
took place, constitute such an offence, and no
penalty shall be imposed for any
criminal offence heavier than the penalty in force at the
time the offence was committed
(9) No person who shows that he
has been tried by any court of competent
jurisdiction or tribunal for a criminal
offence and either convicted or acquitted shall again
be tried for that offence or for a
criminal offence having the same ingredients as that
offence save upon the order of a
superior court.
(10) No person who shows that he
has been pardoned for a criminal offence shall
again be tried for that offence.
(11) No person who is tried for a
criminal offence shall be compelled to give evidence
at the trial.
(12) Subject as otherwise provided
by this Constitution, a person shall not be
convicted of a criminal offence unless
that offence is defined and the penalty therefor is
prescribed in a written law, and in this
subsection, a written law refers to an Act of the
National Assembly or a Law of a State,
any subsidiary legislation or instrument under
the provisions of a law.
37. The privacy of citizens, their
homes, correspondence, telephone conversations and telegraphic
communications is hereby guaranteed and
protected.
38.
(1) Every person shall be entitled
to freedom of thought, conscience and religion,
including freedom to change his religion
or belief, and freedom (either alone or in
community with others, and in public or
in private) to manifest and propagate his religion
or belief in worship, teaching, practice
and observance.
(2) No person attending any place
of education shall be required to receive religious
instruction or to take part in or attend
any religious ceremony or observance if such
instruction ceremony or observance
relates to a religion other than his own, or religion
not approved by his parent or guardian.
(3) No religious community or
denomination shall be prevented from providing
religious instruction for pupils of that
community or denomination in any place of
education maintained wholly by that
community or denomination.
(4) Nothing in this section shall
entitle any person to form, take part in the activity or
be a member of a secret society.
39.
(1) Every person shall be entitled
to freedom of _expression, including freedom to hold
opinions and to receive and impart ideas
and information without interference.
(2) Without prejudice to the
generality of subsection (1) of this section, every person
shall be entitled to own, establish and
operate any medium for the dissemination of
information, ideas and opinions:
40. Every person shall be entitled to
assemble freely and associate with other persons, and in
particular he may form or belong to any
political party, trade union or any other association for the
protection of his interests:
Provided that the provisions of this
section shall not derogate from the powers conferred by this
Constitution on the Independent National
Electoral Commission with respect to political parties to
which that Commission does not accord
recognition.
41.
(1) Every citizen of Nigeria is
entitled to move freely throughout Nigeria and to reside
in any part thereof, and no citizen of
Nigeria shall be expelled from Nigeria or refused
entry thereby or exit therefrom.
(2) Nothing in subsection (1) of
this section shall invalidate any law that is
reasonably justifiable in a democratic
society-
(a) imposing restrictions on
the residence or movement of any person
who has committed or is reasonably
suspected to have committed a
criminal offence in order to
prevent him from leaving Nigeria; or
(b) providing for the removal
of any person from Nigeria to any other
country to:-
(i) be tried outside
Nigeria for any criminal offence, or
(ii) undergo
imprisonment outside Nigeria in execution of
the sentence of a court of law
in respect of a criminal
offence of which he has been
found guilty:
Provided that there is
reciprocal agreement between Nigeria
and such other country in
relation to such matter.
42.
(1) A citizen of Nigeria of a
particular community, ethnic group, place of origin, sex,
religion or political opinion shall not,
by reason only that he is such a person:-
(a) be subjected either
expressly by, or in the practical application of,
any law in force in Nigeria or any
executive or administrative action of the
government, to disabilities or
restrictions to which citizens of Nigeria of
other communities, ethnic groups,
places of origin, sex, religions or
political opinions are not made
subject; or
(b) be accorded either
expressly by, or in the practical application of,
any law in force in Nigeria or any
such executive or administrative action,
any privilege or advantage that is
not accorded to citizens of Nigeria of
other communities, ethnic groups,
places of origin, sex, religions or
political opinions.
(2) No citizen of Nigeria shall be
subjected to any disability or deprivation merely by
reason of the circumstances of his
birth.
(3) Nothing in subsection (1) of
this section shall invalidate any law by reason only
that the law imposes restrictions with
respect to the appointment of any person to any
office under the State or as a member of
the armed forces of the Federation or member
of the Nigeria Police Forces or to an
office in the service of a body, corporate
established directly by any law in force
in Nigeria.
43. Subject to the provisions of this
Constitution, every citizen of Nigeria shall have the right to
acquire and own immovable property anywhere
in Nigeria.
44.
(1) No moveable property or any
interest in an immovable property shall be taken
possession of compulsorily and no right
over or interest in any such property shall be
acquired compulsorily in any part of
Nigeria except in the manner and for the purposes
prescribed by a law that, among other
things -
(a) requires the prompt
payment of compensation therefore and
(b) gives to any person
claiming such compensation a right of access
for the determination of his
interest in the property and the amount of
compensation to a court of law or
tribunal or body having jurisdiction in
that part of Nigeria.
(2) Nothing in subsection (1) of
this section shall be construed as affecting any
general law.
(a) for the imposition or
enforcement of any tax, rate or duty;
(b) for the imposition of
penalties or forfeiture for breach of any law,
whether under civil process or
after conviction for an offence;
(c) relating to leases,
tenancies, mortgages, charges, bills of sale or
any other rights or obligations
arising out of contracts.
(d) relating to the vesting
and administration of property of persons
adjudged or otherwise declared
bankrupt or insolvent, of persons of
unsound mind or deceased persons,
and of corporate or unincorporate
bodies in the course of being
wound-up;
(e) relating to the execution
of judgements or orders of court;
(f) providing for the taking
of possesion of property that is in a
dangerous state or is injurious to
the health of human beings, plants or
animals;
(g) relating to enemy
property;
(h) relating to trusts and
trustees;
(i) relating to limitation of
actions;
(j) relating to property
vested in bodies corporate directly established by
any law in force in Nigeria;
(k) relating to the temporary
taking of possession of property for the
purpose of any examination,
investigation or enquiry;
(l) providing for the
carrying out of work on land for the purpose of
soil-conservation; or
(m) subject to prompt payment
of compensation for damage to
buildings, economic trees or crops,
providing for any authority or person to
enter, survey or dig any land, or
to lay, install or erect poles, cables,
wires, pipes, or other conductors
or structures on any land, in order to
provide or maintain the supply or
distribution of energy, fuel, water,
sewage, telecommunication services
or other public facilities or public
utilities.
(3) Notwithstanding the foregoing
provisions of this section, the entire property in and
control of all minerals, mineral oils
and natural gas in under or upon any land in Nigeria
or in, under or upon the territorial
waters and the Exclusive Economic Zone of Nigeria
shall vest in the Government of the
Federation and shall be managed in such manner as
may be prescribed by the National
Assembly.
45.
(1) Nothing in sections 37, 38,
39, 40 and 41 of this Constitution shall invalidate any
law that is reasonably justifiable in a
democratic society
(a) in the interest of
defence, public safety, public order, public morality
or public health; or
(b) for the purpose of
protecting the rights and freedom or other persons
(2) An act of the National
Assembly shall not be invalidated by reason only that it
provides for the taking, during periods
of emergency, of measures that derogate from the
provisions of section 33 or 35 of this
Constitution; but no such measures shall be taken
in pursuance of any such act during any
period of emergency save to the extent that
those measures are reasonably
justifiable for the purpose of dealing with the situation
that exists during that period of
emergency:
Provided that nothing in this section
shall authorise any derogation from the provisions
of section 33 of this Constitution,
except in respect of death resulting from acts of war or
authorise any derogation from the
provisions of section 36(8) of this Constitution.
(3) In this section, a " period of
emergency" means any period during which there is
in force a Proclamation of a state of
emergency declared by the President in exercise of
the powers conferred on him under
section 305 of this Constitution.
46.
(1) Any person who alleges that
any of the provisions of this Chapter has been, is
being or likely to be contravened in any
State in relation to him may apply to a High
Corut in that State for redress.
(2) Subject to the provisions of
this Constitution, a High Court shall have original
jurisdiction to hear and determine any
application made to it in pursuance of this section
and may make such orders, issue such
writs and give such directions as it may
consider appropriate for the purpose of
enforcement or securing the enforcing within that
State of any right to which the person
who makes the application may be entitled under
this Chapter.
(3) The Chief Justice of Nigeria
may make rules with respect to the practice and
procedure of a High Court for the
purposes of this section.
(4) The National Assembly -
(a) may confer upon a High
Court such powers in addition to those
conferred by this section as may
appear to the National Assembly to be
necessary or desirable for the
purpose of enabling the court more
effectively to exercise the
jurisdiction conferred upon it by this section;
and
(b) shall make provisions-
(i) for the rendering of
financial assistance to any indigent
citizen of Nigeria where his
right under this Chapter has
been infringed or with a view
to enabling him to engage the
services of a legal
practitioner to prosecute his claim, and
(ii) for ensuring that
allegations of infringement of such
rights are substantial and the
requirement or need for
financial or legal aid is
real. |
