Constitution of the Federal Republic of Nigeria (Fifth Alteration) Acts, 2023
Annotated alteration evidence — page 51
- Jurisdiction
- Nigeria
- Provision
- 51
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source(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. 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 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shall, unless the charge is withdrawn, be entitled to a fair hearing in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:
The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations 45
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Constitution of the Federal Republic of Nigeria (Fifth Alteration) Acts, 2023 · placng.org · Retrieved 18 August 2026.
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