Constitution of the Federal Republic of Nigeria (Fourth Alteration) Acts, 2017
Annotated alteration evidence — page 49
- Jurisdiction
- Nigeria
- Provision
- 49
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source(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
The Constitution of the Federal Republic of Nigeria Updated with the First, Second , Third and Fourth Alterations 43
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Constitution of the Federal Republic of Nigeria (Fourth Alteration) Acts, 2017 · placng.org · Retrieved 18 August 2026.
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