Section 41 and 42 of the 1999 Constitution: Freedom of Movement and Rights Against Discrimination

Freedom

The 1999 Constitution

Section 41 (1)

Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereby or exit therefrom.

(Every citizen has the freedom to move and live anywhere in Nigeria and not be forced to leave and not be refused entry or exit.)


Section 41 (2)

Nothing in subsection (1) of this section shall invalidate any law that is reasonably justifiable in a democratic society-

(This freedom is not absolute, and you can be:)


Section 41 (2) (a)

imposing restrictions on the residence or movement of any person who has committed or is reasonably suspected to have committed a criminal offence in order to prevent him from leaving Nigeria; or

(Forced to remain in or leave Nigeria if you have committed a crime or have been suspected of committing a crime.)


Section 41 (2) (b)

providing for the removal of any person from Nigeria to any other country to:-

(Forced to leave Nigeria if)


Section 41 (2) (b) (i)

be tried outside Nigeria for any criminal offence, or

(You are to be tried in another country)


Section 41 (2) (b) (ii)

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: Provided that there is reciprocal agreement between Nigeria and such other country in relation to such matter.

(You are to serve a prison sentence in another country. As long as Nigeria has a reciprocal arrangement with that country.)


Section 42 (1)

A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person:-

(No Nigerian citizen regardless of ethnic group, sex, religion or political opinion shall)


Section 42 (1) (a)

be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject; or

(Be discriminated against by the application of any law or action of the government which does not discriminate against citizens of other ethnic groups, sex, religions or political opinions (which citizens of other ethnic groups, sex, religions or political opinions are not subjected to)


Section 42 (1) (b)

be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions.

(Be unfairly favoured by any practical application of any law or action of government which citizens of other ethnic groups, sex, religions or political opinions are not favoured by)


Section 42 (2)

No citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances of his birth.

(No Nigerian citizen should be discriminated against because of the circumstances of his birth.)


Section 42 (3)

Nothing in subsection (1) of this section shall invalidate any law by reason only that the law imposes restrictions with respect to the appointment of any person to any office under the State or as a member of the armed forces of the Federation or member of the Nigeria Police Forces or to an office in the service of a body, corporate established directly by any law in force in Nigeria.

(Subsection 1 of this section does not invalidate any other law in force in Nigeria that imposes restrictions on appointments to any office under the State or as a member of the armed forces of the Federation or member of the Nigeria Police Forces or to an office in the service of corporate organisation)

Section 39 & 40 of the 1999 Constitution; Freedom of Expression and Freedom of Assembly

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