Official source page 29 — Constitution of the Federal Republic of Nigeria 1999 | Esheria AI

Constitution of the Federal Republic of Nigeria 1999

Official source page 29

Status: in_forceRetrieved: 2026-08-18T06:43:56.741649+00:00Release: constitutions-global-20260821-v2
erson or the taking of proceedings relating thereto: ded 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 detentio period longer than the maximum period of imprisonment prescribed for the offence. ny 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 ther person of his own choice. ny 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 groun s arrest or detention. ny 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, he is not tried within a period of - o 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 ree 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 edings that may be brought against him) be released either unconditionally or upon such conditions as are reasonably necessary to ensure that he appears t a later date. subsection (4) of this section, the expression "a reasonable time" means - 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 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. ny person who is unlawfully arrested or detained shall be entitled to compensation and public apology from the appropriate authority or person; and in thi ction, "the appropriate authority or person" means an authority or person specified by law. othing in this section shall be construed - 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 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 ation 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 poli in respect of an offence punishable by such detention of which he has been found guilty. In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shal titled 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 independenc mpartiality. ithout 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 r 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 ovides for an opportunity for the persons whose rights and obligations may be affected to make representations to the administering authority before that rity makes the decision affecting that person; and ntains no provision making the determination of the administering authority final and conclusive. he proceedings of a court or the proceedings of any tribunal relating to the matters mentioned in subsection (1) of this section (including the announcemen decisions of the court or tribunal) shall be held in public.

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Provenance

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Open upstream source

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