LIMITATIONS TO YOUR RIGHT TO PERSONAL LIBERTY

[Olajire Deborah]

Limitations To Your Right To Personal Liberty

Let me state here that your right to personal liberty is not absolute. There are some exceptions to it. But, again, you must note that these exceptions relate only to being charged to court. The exceptions do not affect your right not to be unlawfully arrested or detained. The exceptions do not affect your right to remain silent when arrested. They do not derogate from your right to be informed in writing of the allegation(s) against you. The exceptions only affect your right to be charged to court or tried within a reasonable time. And they are allowed strictly only in the following cases:

a. Capital Offence: The right to be released if not tried within 2 or 3 months does not apply in cases of capital offences. Remember that capital offences are those offences which are punishable with death, e.g., armed robbery, murder, instigating an enemy to invade Nigeria with armed force, helping an enemy in times of war against Nigeria, etc. Anybody charged with any of these offences is not entitled to be released if not tried by the court within 2 or 3 months. Note, however, that this provision deals only with the court and not with the Police. There have been some cases when the Police hold on unduly to suspects charged with a capital offence under the guise that they cannot be released. This is wrong. A suspect charged with a capital offence is entitled to be charged to court within the time stipulated by the Constitution and not kept unduly in police cell.

b. Members Of The Armed Forces Or Police: There are cases where the relevant law permits a member of the Armed Forces or Police to be punished by a superior officer with detention for an offence which is punishable with such detention. Such a case is normally an internal corrective measure meant to punish erring officers for an offence for which he has been found guilty, e.g., a court-martial in the Military or Orderly-Room Trial in the Police. Where any member of the armed or police force is detained under such laws, he is not entitled to claim this constitutional right of release within 2 or 3 months if he is not tried. Note, however, that any such law must not authorize a detention for a period of more than 3 months without trial. So, even at this, the maximum number of months allowed by this exception is just three months

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