Section 34: Conditions for restraint or seclusion of a person with mental health condition.

(1) Persons with mental health conditions shall be protected from the use of forced treatment, seclusion and any other method of restraint in facilities, including physical, chemical and mechanical restraints, except in accordance with the provisions of this Act.
(2) All facilities shall implement guidelines developed by the Ministry for de- escalating potential crises and managing sensitivities and triggers in persons with mental health condition which shall respect the dignity and the human rights of persons with mental health condition.
(3) Subject to the provisions of this section, no person with mental health condition shall be subjected to any form of restraint or seclusion unless he has first received adequate care by a medical officer for at least 48 hours and upon the expiration of that time-
(a) two medical officers examine the person with mental health condition and certify in writing that it is the only means available to prevent immediate or imminent harm to the person;
(b) the head of the facility has authorised the adoption of this measure in writing; and
(c) the facility has been accredited by the Ministry or the State Ministry where appropriate as having adequate facilities for undertaking such a measure safely:
Provided that where there is no trained psychiatrist within the facility to examine, assess or proffer options for treatment to the person with mental health condition, such a person shall be transferred to another facility with a trained psychiatrist within 48 hours of restriction.
(4) In a facility with a trained psychiatrist, restraint or seclusion shall only be done in accordance with established protocol on restraint and seclusion developed by the Federal Ministry responsible for Health.
(5) No person with mental health condition shall be subjected to any form of restraint or seclusion as a means of punishment or for the convenience of staff of the facility.
(6) A person with mental health condition who is subjected to any form of restraint or seclusion shall, at all times, be kept under humane and hygienic conditions, in the least restrictive environment, and shall be under the care and regular supervision of a mental health practitioner within the facility.
(7) The head of the facility shall ensure that at least one medical officer within the facility maintains continuous, active and personal contact with the person during the period of seclusion or restraint.
(8) Where any person with mental health condition is restrained or secluded, the head of the facility shall within 72 hours provide the Committee with the reasons and the duration of the incident.
(9) The head of the facility shall ensure that all instances of restraint or seclusion, their reasons, nature and extent are clearly, fully and correctly recorded in the medical records of the person with the mental health condition.
(10) The period of restraint or seclusion under subsection (9) shall not be prolonged beyond the period which is strictly necessary to-
(a) administer treatment to the person with mental health condition; or
(b) allow the person with mental health condition to co-habit peacefully with other users within the facility or the person's relatives or with members of the community:
Provided that in any case, the period of restraint or seclusion shall only last for as long as medically necessary or 72 hours, whichever is earlier.
(11) Notwithstanding anything to the contrary in this Act, a person, group of persons or faith-based institution shall not employ the use of restraints such as chains, handcuffs, shackles, ropes or other instruments on any person with a mental health condition, whether in a public or private place.
(12) Any person who contravenes any provision of this section commits an offence and is liable on conviction to a fine of at least N2,000,000 or imprisonment for a term not more than five years or both.