Chapter IV
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
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 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 judgement 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:
Provided that no person, other than the Government of the
Federation or of a State or any other person or body authorised
by the President on the fulfilment 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 telephony, 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.
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 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 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 Court 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.
