Section 35: Extension of period of seclusion or restraint of person with mental health condition.

(1) Where the medical officer has examined the person and is of the opinion that the extension of the period of restraint or seclusion under this section is necessary to prevent immediate or imminent harm to the person with mental health condition or other people, the medical officer shall before the expiration of the period of 72 hours from the beginning of the patients restraint or seclusion make an application to the Committee for an extension.
(2) No application for an extension of the period of restraint or seclusion shall be granted by the Committee except it is accompanied by a statement by another medical officer certifying that he has examined the person and in his opinion, an extension of the period of restraint or seclusion is necessary to prevent immediate or imminent harm to the person with mental health condition or other people.
(3) The application for extension of the period of restraint or seclusion must be accompanied by the findings from the examination of the two medical officers.
(4) Where an application for an extension of the period of restraint or seclusion is granted by the Committee, it shall not be for a period exceeding 48 hours.
(5) The head of the facility shall ensure that no person is subjected to continuous periods of restraint or seclusion.
(6) Where a person with mental health condition is subject to restraint or seclusion under this section, the medical officer or head of the facility shall ensure that his relatives or legal representatives are notified of the restraint or seclusion immediately in a language that they understand taking into account their level of literacy.
(7) The relatives or legal representatives of a person with a mental health condition shall have a right of appeal to-
(a) the Committee against the decision of a facility to subject such a person to restraint or seclusion; and
(b) the Court of Appeal against the decision of the Committee to grant an extension of the period of restraint or seclusion under subsection (3).
(8) Every facility shall maintain and keep a register where records of all seclusion and restraint of any person within the facility shall be entered.
(9) 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.