The right to personal liberty is
guaranteed under section 35 (1) of the 1999 constitution in that every person
is entitle to his personal liberty and no person shall be deprived of such
liberty expect in circumstance and in accordance with the procedure prescribed
by law. According or a. v. dicey, personal liberty is the right not to be
subjected to imprisonment, arrest and any other physical coercion in any manner
that does not admit of legal justification.
The
constitutionally recognized circumstance where right to personal liberty can be
derogated and in accordance with procedure prescribed by law include the
flowing six ways:
a.
in
the execution of sentence or order of a court of a criminal offense of which he
has been found guilty this means that if the court finds a peons guilty of a
criminal offense after trial, the court can sentence such person to
imprisonment for a specified period of time, thereby lawfully restricting the
person’s liberty.
b.
By
reason of his failure to comply with the order of a court or in order to secure
the fulfillment of any obligation imposed upon him by law.
c.
For
the purpose of bringing him before a court in execution of the court order or
upon reasonable suspicion of his having committed a criminal offense or to such
extent as may be reasonably necessary to prevent his committing a criminal offense.
d.
In
the case of a person who has not attained the age of 18 years for the promotion
of his education or general welfare. This means that the liberty f any body
below eighteen years can restricted by the parents, teachers, or guardian
either for his/her education or welfare. For instance, secondary school
students living in school dormitory many not be allowed to leave their
dormitory any time they feel like, and this will not be seen as unlawful.
e.
In
the care of person suffering from infectious or contagious disease, person of
unsound mind, person addicted to drugs or alcohol or vagrant, for the purpose
of their care or treatment and or the protection of the community; or
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