Freedom of Movement
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Onto today’s discussion!
The Right to Freedom of Movement is provided for in Section 41 of the 1999 Constitution of the Federal Republic of Nigeria.
WHAT IT ENTAILS:
This right contained in Section 41 , gives us, as citizens of this country, the right to:
- Move about freely
- Visit whatsoever country you desire
- Live in any part of the country and you cannot be refused entry into any part of the country, e.t.c
This right was recognised in the case of Director of State Security Service V Olisa Agbakoba(1999). In this case, the court held that every citizen of Nigeria has the right to move freely within and outside Nigeria.
RESTRICTIONS:
However, we ought to understand that the beginning of one man’s right, is the end of another- thus, the need for restrictions on this right to freedom of movement.
Thus, a person’s right to freedom of movement can be restiected where
- Such an individual has committed or is reasonably suspected to have committed a criminal offence.
This is done in order to prevent such an individual from leaving the country, thereby delaying or denying justice.
- In order to provide for the removal of any person from Nigeria to any other country to:
- Be tried outside Nigeria for any criminal offence,
- 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.
In practice, the government can impose a curfew or state of emergency, in this situation the right to movement of the citizen is restricted.
-State of Emergency and the Freedom of Movement
Where the government declares a state of emergency in a particular area, what it does is that it introdcues measures such as increased powers for the police or army, usually because of civil disorder, a natural disaster such as an earthquake, flood etc.
A state of emergency could be a restriction on the right to freedom of movement as in such times, curfew may be imposed, which can hinder our Right to move about freely.
For more on the State of emergency in Nigeria, kindly visit Section 305 of the 1999 Constitution of the Federal Republic of Nigeria.
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Written and Edited by: Esther Ude.
