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) 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
(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)
Inioluwa Olaposi is a Law student at Obafemi Awolowo Universities, Ile-Ife, Nigeria. Before LawHub NG, he started publishing law-related posts on his former multi-niche website.