Section 41 of the Nigerian Constitution 1999

Section 41 of the Nigerian Constitution

Section 41 of the constitution of Nigeria is about Right to freedom of movement. It is under Chapter IV (Fundamental Rights) of the constitution. Section 41 has two subsections.

  1. (1) Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part
    thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereby or exit

    (2) Nothing in subsection (1) of this section shall invalidate any law that is
    reasonably justifiable in a democratic society-
    (a) imposing restrictions on the residence or
    movement of any person who has committed or is
    reasonably suspected to have committed a
    criminal offence in order to prevent him from
    leaving Nigeria; or
    (b) providing for the removal of any person from
    Nigeria to any other country to:-
    (i) be tried outside Nigeria for any criminal
    offence, or
    (ii) undergo imprisonment outside Nigeria in
    execution of the sentence of a court of law in
    respect of a criminal offence of which he has
    been found guilty:
    Provided that there is reciprocal agreement
    between Nigeria and such other country in
    relation to such matter.

See also: Section 36 of the Nigerian Constitution (Right to fair hearing)


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Inioluwa Olaposi

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