Article 6 of the African Charter on human and peoples’ rights provides: “Every
individual shall have right to liberty and to the security of his person. No one may be deprived
of his freedom except for reasons and conditions previously laid down by law. In particular, no
one may be arbitrarily arrested or detained”.
Similarly, Article 9(1) of the International Covenant on Civil and Political rights
provides “everyone has the right to liberty and security of person. No one shall
be deprived of his liberty except on such grounds and in accordance with such
procedure as are established by law
Also, Section 35 (1) (c) of the 1999 Constitution of the Federal Republic of
Nigeria provides:
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
(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;
The right to personal liberty is one of the most fundamental human rights as it
affects the vital elements of an individual’s physical freedom. Unless where
legitimate exception is permitted by law, any limitation on a person’s liberty to
move freely is an infringement on his fundamental right.
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