Section 45 of the 1999 Constitution of Nigeria

Section 45 of the Constitution of Nigeria 1999 is about Restriction on and derogation from fundamental rights. It is under Chapter IV (Fundamental Rights) of the Act.

(1) Nothing in sections 37, 38, 39, 40 and 41 of this Constitution shall invalidate any law that is reasonably justifiable in a democratic society –
(a) in the interest of defence, public safety, public order, public morality or public health; or
(b) for the purpose of protecting the rights and freedom of other persons.

(2) An Act of the National Assembly shall not be invalidated by reason only that it provides for the taking, during periods of emergency, of measures that derogate from the provisions of section 33 or 35 of this Constitution; but no such measures shall be taken in pursuance of any such Act during any period of emergency save to the extent that those measures are reasonably justifiable for the purpose of dealing with the situation that exists during that period of emergency:

Provided that nothing in this section shall authorise any derogation from the provisions of section 33 of this Constitution, except in respect of death resulting from acts of war or authorise any derogation from the provisions of section 36(8) of this Constitution.

(3) In this section, a “period of emergency” means any period during which there is in force a proclamation of a state of emergency declared by the President in exercise of the powers conferred on him under section 305 of this Constitution.

Credit: Policy and Legal Advocacy Centre (PLAC)