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Whether fundamental rights is absolute

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Whether fundamental rights is absolute

".. it is an accepted fact that fundamental rights are not absolute - Ukaegbu Vs National Broadcasting Corporation (2007) 14 NWLR (Pt 1055) 551 and Alaya Vs State (2007) 16 NWLR (Pt 1061) 483. They can be curtailed by the appropriate authorities where there are grounds for doing so - Dokubo-Asari Vs Federal Republic of Nigeria (2007) 12 NWLR

(Pt 1048) 320 and Onyirioha Vs Inspector General of Police (2009) 3 NWLR (Pt 1128) 342.

 

The Constitution of the Federal Republic of Nigeria 1999 (as amended) recognizes certain circumstances when the fundamental rights of citizens to personal liberty and freedom of movement can be curtailed. Section 35(1)(c) of the 1999 Constitution says that a person's right to personal liberty can be breached upon a 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.

 

Section 41(2) (a) states that a person's right to freedom of movement may be negated by imposing restrictions on his movement where he has committed or is reasonably suspected

to have committed a criminal offence.

 

Section 45 provides that all fundamental rights can be circumscribed in the interest of defence, public safety, public order, public morality or public health or for the purpose of protecting the rights and freedom of other persons." Per

ABIRU, J.C.A. in  MALLAM ABDULLAHI HASSAN & ORS v. ECONOMIC AND FINANCIAL CRIMES COMMISSION & ORS

(2013) LPELR 22595 (CA)


   
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