LIMITATIONS TO FREEDOM OF MOVEMENT

[Olajire Deborah]

Limitations To Freedom Of Movement

Inspite of your right to freedom of movement, there are certain instances when this right may be infringed upon by some other laws which are reasonably justifiable in a democratic society. Such laws may not be inconsistent with the Constitution in as much as they are reasonably justifiable, even if the law restrict your freedom of movement. Some of the instances of limitations on your freedom of movement are stated by the Constitution as follows:

a. Restrictions upon committing a criminal offence: A person who has committed or is suspected of having committed a criminal offence may have his movement restricted in order to prevent him from leaving or running away from Nigeria. Such a person may be asked to surrender his international passport or other travelling documents without which he cannot leave the country. He may be asked to deposit such travelling documents with the court or with the security agencies.

A person who has committed or suspected to have committed a criminal offence may have his movement restricted even within the country. Such person may be bound from travelling outside his town or State without permission from security agencies or from the court. Such a person may be prevented from visiting a particular place, town or State if it becomes necessary.

A person who has committed or suspected of having committed a criminal offence may be prevented from leaving his home or neighborhood if it becomes necessary. This is what is commonly referred to as “house arrest”. Such a person may be bound under the order of a court or by security agencies from leaving his residence if leaving it will create security risks or violence.

b. A citizen who has committed a criminal offence in another country and escaped to Nigeria may be forcefully removed from here to that country to face trial for the offence he committed. A person who committed an offence outside Nigeria, was tried, found guilty and sentenced to imprisonment but manages to escape may be forcefully removed to that country to undergo his imprisonment or other sanction prescribed by the laws of that country.

But, note that in every case where a citizen can be forcefully removed to face trial or serve imprisonment in another country, there must have been a reciprocal agreement between Nigeria and that other country on such matter. For instance, if a citizen commits an offence in, e.g., China and escapes to Nigeria, that citizen cannot be forcefully removed to China to face trial or undergo imprisonment if there is no agreement between Nigeria and China that any of their citizens who committed an offence can be so forcefully removed to Nigeria. In other words, there must have been an agreement that if a Chinese also commits an offence in Nigeria and escapes to China, such a citizen can be forcefully removed to Nigeria to face his trial and/or imprisonment.

c. Freedom of movement may be restricted in times of war, violence, riots, or breach of public peace. The government is entitled to impose curfew from and to any particular period in order to secure lives and properties and maintain peace.

d. Freedom of movement may be restricted in times of epidemics, natural calamities, disasters, state of emergencies, etc.

e. Freedom of movement may be restricted in times of national, State or local event, e.g., the environmental sanitation exercises, election days, etc.

f. A prisoner serving jail term or a suspect awaiting trial may have his freedom of movement restricted according to rules and regulations by the prison authorities.

g. A lunatic, person of unsound mind or person suffering from contagious diseases may be forcefully removed from one place to another for his treatment, welfare and public safety and security.

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