(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 considered 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.
36. (1) In the determination of his civil rights and obligations, including any question or determination
by or against any government or authority, a person shall be entitled to a fair hearing within a
reasonable time by a court or other tribunal established by law and constituted in such manner as to
secure its independence and impartiality.
(2) Without prejudice to the foregoing provisions of this section, a law shall not be
invalidated by reason only that it confers on any government or authority power to
determine questions arising in the administration of a law that affects or may affect
the civil rights and obligations of any person if such law (a) provides for an opportunity for the persons
whose rights and obligations may be affected to
make representations to the administering
authority before that authority makes the
decision affecting that person; and