Liberty! (1)

Liberty…..Freedom, words used interchangeably and a very sensitive right for all of us.

When the word “liberty” is mentioned, there’s always a leap in the people’s hearts, because liberty… freedom is quite sensitive.

Personal liberty is defined by Merriam-Webster dictionary as : the freedom of the individual to do as he pleases limited only by the authority of politically organized society to regulate his action to secure the public health, safety, or morals or of other recognized social interests.

The right to personal liberty is contained and protected in section 35 of the 1999 Constitution and it explains that we are entitled to our personal liberty to do as we please, we are entitled to be free, to walk about freely, take a stroll, visit a friend, watch the new Spider-Man: No Way Home(I’m a huge Marvel fan btw),go shopping with the girlsss or boyssss etc. and this right should not be deprived.

However, at this point, you should know that for every rule, for every right, there is always, always an exception. (sorry to burst the bubble)

So let’s move on into that!
Surely, you do have your right to be free and go shopping, but:

• In the execution of a court sentences or order, such right can be deprived.

For instance, where an individual commits a criminal offense and has been pronounced guilty by the court, it is logical that he would be deprived of his personal liberty and would not be allowed to move about as he pleases.

In my opinion, there is a probability that if his personal liberty is not deprived, he could go on and commit the same offense or worse.

• Also, where one is asked to be present in the court and he fails to comply with the court orders, his personal liberty would be denied in order to bring him before a court in execution of the court’s order.
• Where there is a reasonable suspicion of an individual committing a criminal offense or
• In order to prevent him from committing a criminal offense, his personal liberty would be deprived of him.

This is done to ensure the protection of lives and properties in a society.

The use of the word ‘reasonable suspicion’ is essential( Section 35 (1) (c) of the 1999 Constitution of the Federal Republic of Nigeria)

This means that except where there is an actual, reasonable suspicion of us committing a criminal offense, our liberty should not be deprived except if it falls within other provisions in the Nigerian Constitution for the deprivation of this right.

And where it is deprived and the reason for deprivation is not in the Constitution, we have the legal right to sue for a breach of our Fundamental Human Right!

The right is personal liberty is a long one, so just as we did torture, (that is splitting it into three), so also would it be for the Right to Personal Liberty.

Thus, we’d be pausing here today, on the Right to personal liberty-1. See you next time for the Right to Personal Liberty- 2

Thank you for reading this article, I know you found this really helpful so do well to share to lots, lots of people.

The goal is to ensure that majority of the Nigerian citizens are aware of these rights

Let’s make that happen together!

Original image credit: https://kasartofficial.com/right-to-liberty

Author: Esther Ude.