The Constitution of Nigeria

Legal Topic: Detention

Geographic relevance: Nigeria

Language: English

Data type: Legal citations

About this resource:

Article 35 outlines states that someone can be detained:

• When they been sentenced by a court after they’ve been found guilty;
• For the purpose of bringing him before a court because of a court order or where there is reasonable suspicion the person has committed a criminal offence;
• If detention is reasonably necessary to prevent a person committing a criminal offence;
• For the purpose of treatment or the protection of the community where persons are suffering from infections or contagious disease, persons are of unsound mind, persons are addicted to drugs or alcohol or vagrants; or
• 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.

The constitution also states that any person who is unlawfully arrested or detained shall be entitled to compensation and public apology from the appropriate authority or person. The authority or person referred to here is the authority or person specified by law.

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