(c) for the purpose of bringing him before a court
in execution of the order of a court or upon 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;
(d) in the case of a person who has not attained
the age of eighteen years for the purpose of his education or
welfare;
(e) in the case of persons suffering from infectious
or contagious disease, persons of unsound mind, persons addicted
to drugs or alcohol or vagrants, for the purpose of their care
or treatment or the protection of the community; or
(f) for the purpose of preventing the unlawful
entry of any person into Nigeria or of effecting the expulsion,
extradition or other lawful removal from Nigeria of any person
or the taking of proceedings relating thereto:
Provided that a person who is charged with an
offence and who has been detained in lawful custody awaiting trial
shall not continue to be kept in such detention for a period longer
than the maximum period of imprisonment prescribed for the offence.
(2) Any person who is arrested or detained shall
have the right to remain silent or avoid answering any question
until after consultation with a legal practitioner or any other
person of his own choice.
(3) Any person who is arrested or detained shall
be informed in writing within twenty-four hours (and in a language
that he understands) of the facts and grounds for his arrest or
detention.
(4) Any person who is arrested or detained in
accordance with subsection (1) (c) of this section shall be brought
before a court of law within a reasonable time, and if he is not
tried within a period of -
(a) two months from the date of his arrest or
detention in the case of a person who is in custody or is not
entitled to bail; or
(b) three months from the date of his arrest or
detention in the case of a person who has been released on bail,
he shall (without prejudice to any further proceedings
that may be brought against him) be released either unconditionally
or upon such conditions as are reasonably necessary to ensure
that he appears for trial at a later date.
(5) In subsection (4) of this section, the expression "a reasonable
time" means -
(a) in the case of an arrest or detention in any place where
there is a court of competent jurisdiction within a radius of
forty kilometres, a period of one day; and
(b) in any other case, a period of two days or such longer period
as in the circumstances may be conside#FF0000 by the court to
be reasonable.
(6) Any person who is unlawfully arrested or detained
shall be entitled to compensation and public apology from the
appropriate authority or person; and in this subsection, "the
appropriate authority or person" means an authority or person
specified by law.
(7) Nothing in this section shall be construed
-
(a) in relation to subsection (4) of this section,
as applying in the case of a person arrested or detained upon
reasonable suspicion of having committed a capital offence; and
(b) as invalidating any law by reason only that
it authorises the detention for a period not exceeding three months
of a member of the armed forces of the federation or a member
of the Nigeria Police Force in execution of a sentence imposed
by an officer of the armed forces of the Federation or of the
Nigeria police force, in respect of an offence punishable by such
detention of which he has been found guilty.
