Section 45 of the Nigerian Constitution
Section 45 of the constitution of Nigeria is about Restriction on and derogation from fundamental human rights. It is under Chapter IV (Fundamental Rights) of the constitution. Section 45 has three subsections.
- (1) Nothing in sections 37, 38, 39, 40 and 41 of this Constitution shall invalidate any law that is
reasonably justifiable in a democratic society
(a) in the interest of defence, public safety, public
order, public morality or public health; or
(b) for the purpose of protecting the rights and
freedom or other persons
(2) An act of the National Assembly shall not be invalidated by reason only that it
provides for the taking, during periods of emergency, of measures that derogate from
the provisions of section 33 or 35 of this Constitution; but no such measures shall be
taken in pursuance of any such act during any period of emergency save to the extent
that those measures are reasonably justifiable for the purpose of dealing with the
situation that exists during that period of emergency:
Provided that nothing in this section shall authorise any derogation from the
provisions of section 33 of this Constitution, except in respect of death resulting from
acts of war or authorise any derogation from the provisions of section 36(8) of this
(3) In this section, a ” period of emergency” means any period during which there is
in force a Proclamation of a state of emergency declared by the President in exercise
of the powers conferred on him under section 305 of this Constitution.
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.