CHAPTER 10: - Right to Freedom of Movement: - Article 12 1. Constitutional and Judicial Measures  Section 41 of the 1999 Nigerian Constitution guarantees the right to freedom of movement subject to the constitutional limitations relating to measures that are reasonably justifiable in a democratic society.  A good example of law that forms an exception to the right to freedom of movement as enshrined in the constitution is Section 36 of the Immigration Act Cap. 1, Vol. 7, LFN 2004 which stipulates thus: “Subject to the provision of Subsection (2) of this Section, the Minister (of Interior) may if he thinks it to be in the public interest, by order prohibit the departure of any person from Nigeria, and if the travel document of any person are not in proper order or there is, to the knowledge of the Immigration Officer, an unsatisfied order of a Court of Competent Jurisdiction or Warrant of arrest relating to that person, an immigration officer may refuse to allow such person to leave Nigeria, or in his discretion he may refer the case of the Comptroller General of Immigration Service for further consideration. By virtue of Section 36(2), this power of the Minister to prohibit departure cannot be exercised in respect of exempted persons who enjoy certain immunities. With respect to foreigners – whether aliens or West African Citizens, their freedom of movement into, out of and within Nigeria is subject to compliance with certain Immigration requirements as provided in the various Nigeria Immigration Laws especially the Immigration Act, Immigration Regulations (Control of Aliens), African Charter on Human and Peoples’ Rights as well as ECOWAS protocol on free movement of persons, residence and establishment.  Otunba Oyewole Fashawe v. Attorney-General of the Federation & 3 Others (2007) CHR 890-116: - Based on the above facts, the Applicant brought an action for the enforcement of his fundamental rights as contained in Section 35, 36, 37, 40, 41 and 43 of the 1999 Constitution and Articles 6, 7, 11-12 and 14 of the African Charter on Human and Peoples’ Rights. i. A declaration that the arrest, detention and incarceration of the Applicant by the 2nd Respond at Abuja and later in Lagos without any warrant and without any charge laid or framed against him is unconstitutional, illegal and constitutes a violation of the Applicant’s fundamental right to personal liberty, fair hearing and freedom of movement as respectively guaranteed by Section 35, 36 and 41 of the 1999 Constitution and Articles 6, 7, 11 and 12 of the African Charter on Human and Peoples’ Rights. In a considered ruling the Court dismissed the Respondent’s Preliminary Objection, allowed the application and granted the reliefs sought by the Applicant. 61