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
Right
to Dignity of Human Person
1.
Every individual is entitled to
respect for the dignity of his person,
and accordingly:
a.
no person shall be subjected to
torture or to inhuman or degrading treatment;
b.
no person shall be held in
slavery or servitude; and
c.
no person shall be required to
perform forced or compulsory labour.
2.
For the purpose 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 the
members of the armed forces of the federation or the Nigerian Police Forces 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 threatening the life of
well-being of the community; or
e.
any labour or service that
forms part of-
(i)
normal communal or other civic
obligations for the well-being of the community,
(ii)
such compulsory national
service in the armed forces of the federation as may be prescribed by any act
of the National Assembly, or
(iii)
such compulsory national
service which forms part of the education and training of citizen of Nigerian
as may
be prescribed by an act of the National
Assembly.
3.1
Right to Personal Liberty
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 to secure the fulfillment of any obligation
imposed upon him by law;
c.
for the purpose of bringing him
before 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 person who has
not attained the age of eighteen years, for the purpose of his education of welfare;
e.
in the case of persons
suffering from infectious or contagious disease, persons of unsound mind,
persons addicted to drug or alcohol or vagrants, for the purpose of their case
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 court of law within a reasonable time, and if he is not tried within a
period of:
a.
two months form 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.
5.
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.
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 kilometers, 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 authorizes 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.
Right
to Fair Hearing
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 person 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 interest 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 the
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 providing particular facts.
6.
Every person who is charged
with a criminal offence shall be entitled to:
a.
be informed promptly in the
language that the 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 by,
legal practitioners of his own choice;
d.
examine, in person or by his
legal practitioners, the witness called by the prosecution 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 witness
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 person authorized 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 the 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 the offence.
11.
No person who is tried of 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 State, any subsidiary
legislation or instrument under the
provisions of a law.
Right
to Private and Family Life
The privacy
of citizens, their homes, correspondence, telephone conversations and
telegraphic communications is hereby guaranteed and protected.
Right to Freedom of thought, Consumer
and Religion
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 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 a 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.
Right of Freedom of Expression and the Press
1.
Every person shall be entitled
to freedom or 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:
Provided that no person, other than the Government of the
federation or of a State or any other person or body authorized by the
President on the fulfillment of conditions laid down by an Act of the National
Assembly, shall own, establish or operate a television or wireless broadcasting
station for any purpose whatsoever.
3.
Nothing in this section shall
invalidate any law that is reasonably justifiable in a democratic society:
(a)
for the purpose of preventing
the disclosure of information received in
confidence, maintaining the authority and independence of courts or regulating
telephone, wireless broadcasting, television or the exhibition of cinematograph
films; or
(b)
Imposing restrictions upon
persons holding office under the Government of the Federation or of a State,
members of the armed forces of the
Federation or members of the Nigeria Police Force or other Government
security services or agencies
established by law.
Right
to Peaceful Assembly and Association
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.
Right
to Movement
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 form Nigeria or refused entry
thereto 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.
Right
to Freedom from Discrimination
1.
A citizen of Nigeria or a
particular community, ethnic group, place, or origin, sex, religion or
political opinion shall not, by reason
only that he is such a person:
(a)
be subjected either expressly,
or in the practical application of any
law in force in Nigeria or by any executive or administrative action of the
government, to disabilities or restrictions to which citizens of the Nigeria of
other communities, ethnic groups, places
or origin, sex, religious or political opinions are not made subject: or
(b)
Be accorded either expressly,
or in the piratical application of, any
law in force in Nigeria or by any such executive or administrative action, any
privilege or advantage that is not accorded to citizens of Nigeria of other
communities, ethnic groups, place of origin, sex, religious 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 a member of the Nigeria Police Force or to an office in the
service of a body corporate established directly by any law in force in Nigeria.
Right
to acquire and Own Immovable Property anywhere in Nigeria
Subject to the provisions of this Constitution, every
citizen of Nigeria shall have the rights to acquire and own immovable property
anywhere in Nigeria.
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 purpose prescribed by law, among other things-
(a)
requires the prompt payment of
compensation therefor; 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 forfeitures for the 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 the property of persons adjudged or otherwise declared
bankrupt or insolvent, of persons of unsound mind or deceased persons, and of unincorporated
bodies in the course of being wound-up;
(e)
relating to the execution of
judgments or orders of court;
(f)
providing for the taking of
possession 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 trust 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 him to engage the services of a legal practitioners
prosecute him claim, and
For
ensuring that allegations of infringement of such rights are substantial and
the for financial or legal aid is real.
The position of chapter four (4) in the 1999 constitution in Nigeria is of
immeasurable importance. Domestic application of these Laws is an index for
measuring how civilized a country is and it requires a good Judiciary to
enforce these rights and so set the pace for the happiness and orderliness of society
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