Constitution of the Federal Republic of Nigeria (Fifth Alteration) Acts, 2023
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 source35. 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 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.
The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations 43
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Source and verification
Constitution of the Federal Republic of Nigeria (Fifth Alteration) Acts, 2023 · placng.org · Retrieved 18 August 2026.
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