Close this search box.

Running Universities Where Students’ Liberty Is Restricted Is Unconstitutional And Illegal

Running Universities Where Students’ Liberty Is Restricted Is Unconstitutional And Illegal

Running Universities Where Students’ Liberty Is Restricted Is Unconstitutional And Illegal. Daily Law Tips (Tip 459) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

After the biological characteristics of human being, the next characteristic is “Human Right”. When Human Right is unlawfully withdrawn, limited, affected, restricted, denied, suppressed or even threatened, human beings become mere beings. Fundamental Human Rights are sacrosanct, inalienable, “un-waive-able” and clearly contained in the Constitution of the Federal Republic of Nigeria. No human being can orally or in writing suspend or waive his/her fundamental human rights except the Constitution of Nigeria allows such.

One of the fundamental human rights in Nigeria, is the “Right to Personal Liberty”. It is simply, the right to be free, “not-arrested”, “not-detained”, unrestricted, unfettered, unchained or held back. It is the sweet right of being free to “go, come, stay and flex” within the law without violating another person’s rights.

Like most laws and rights, there is an exception to the Right to Personal Liberty.  One of the six (6) exceptions to the “Right to Personal Liberty”, is that a person’s liberty may be restricted for education or welfare purposes of the person but that is where such a person is less than eighteen (18) years old. Hence, where schools restrict personal liberty of students that are 18 years old and above, it is illegal and unconstitutional. The weak argument that such students or their parents signed  an agreement to obey school rules/regulations is immaterial. Fundamental Human Rights cannot be illegally limited, restricted or violated even with the oral or written consent of victim of such violation. Among the common human rights violations in schools, are;

  1. Restricting students’ access to and out of campus, access to mobile phones/internet, access to relate with opposite sex, access to wear choice clothes and access to have visitors even in open/common centers.
  2. Forcing students to do labour, sports or religious practises
  3. Detaining students in school detention centers/security posts for weeks without immediately handing them over to security agencies.

Above common violations accept Right to Personal Liberty and many other nam rights.

Students that are 18 years and more but were I the past, or are been presently restricted or merely threatened to be restricted and their human rights violated, have a right to seek damages against their institutions for unlawful arrest/detention among others, as provided by the constitution. They are entitled to compensation and public apology.


Sections 35, 318 and 319 of the Constitution of the Federal Republic of Nigeria, 1999.






Feel free to reach the author, ask questions or make inquiries on this topic or any other legal issues via or +2348037665878.


This work is published under the free legal awareness project of Sabi Law Foundation ( funded by the law firm of Bezaleel Chambers International ( The writer was not paid or charged any publishing fee. You too can support the legal awareness projects and programs of Sabi Law Foundation by donating to us. Donate here and get our unique appreciation certificate or memento.


This publication is not a piece of legal advice. The opinion expressed in this publication is that of the author(s) and not necessarily the opinion of our organisation, staff and partners.


🛒 Take short courses, get samples/precedents and learn your rights at

🎯 Publish your legal articles for FREE by sending to:

🎁 Receive our free Daily Law Tips & other publications via our website and social media accounts or join our free whatsapp group: Daily Law Tips Group 6


Get updates on all the free legal awareness projects of Sabi Law (#SabiLaw) and its partners, via:

YouTube: SabiLaw

Twitter: @Sabi_Law

Facebook page: SabiLaw

Instagram: @SabiLaw.org_

WhatsApp Group: Free Daily Law Tips Group 6

Telegram Group: Free Daily Law Tips Group

Facebook group: SabiLaw




This publication is the initiative of the Sabi Law Foundation ( funded by the law firm of Bezaleel Chambers International ( Sabi Law Foundation is a Not-For-Profit and Non-Governmental Legal Awareness Organization based in Nigeria. It is the first of its kind and has been promoting free legal awareness since 2010.


As a registered not-for-profit and non-governmental organisation, Sabi Law Foundation relies on donations and sponsorships to promote free legal awareness across Nigeria and the world. With a vast followership across the globe, your donations will assist us to increase legal awareness, improve access to justice, reduce common legal disputes and crimes in Nigeria. Make your donations to us here  or contact us for sponsorship and partnership, via: or +234 903 913 1200.


Leave a Reply

Related Posts

Contact Support


Welcome! Log into your account