ISÉSÈ DAY CELEBRATION: STATE RELIGION AND THE "DANGER" OF CONSTITUTIONAL RIGHTS. (PART 1)

Nigeria is a multi-religious nation with as many religions as there are tribes. Research shows that there are at least 200 tribes in Nigeria. It follows then that at least there are at least 200 religions in this country. For all these tribes to be able to live as one and in peace and to have progress, the people of Nigeria decided and agreed that the Nation and states therein "shall not" adopt any religion as "state religion". Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999 (As amended), particularly section 10 provides thus: 

"The Government of the Federation or of a State shall not adopt any religion as State Religion.”

Just as the Hausa, Yoruba and Ibo are the major tribes in Nigeria, Christianity and Islam are the major religions in Nigeria. Now, there will always be majority and minority. And as we see every now and then, those in the majority do always and usually dominate over the minorities. Just as it is not in the Constitution that the above mentioned tribes are the majority, it is neither in the Constitution that Christianity and Islam are the major religions in Nigeria.

Should Nigeria or a State in Nigeria be regarded as Christian state or Muslim state or Traditionalists state? Going by the provision of section 10 of the Constitution, the answer is NO. Each and every religion have followers and adherents in the States in the Federation called Nigeria. It therefore follows that the followers of such religion have the right to practice their religion. My authority is Section 38 (1) of the 1999 Constitution which state as follows:

"Every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his religion or belief, and freedom (either alone or in community with others, and in public or in private) to manifest and propagate his religion or belief in worship, teaching, practice and observance."

For better understanding of the above section, the following rights are embedded therein:

1. The freedom of thought, conscience and religion.

2. Freedom to change ones religion or belief.

3. Freedom to manifest ones religion or belief in worship, teaching, practice and observance.

4. Freedom to propagate ones religion or belief in worship, teaching, practice and observance.

Having established that Nigeria and any of the States in it cannot adopt any religion as a State Religion, point section 38(1) of the Constitution empowers every citizen in Nigeria to "manifest and propagate" their religion or belief in worship, practice and observance. As the Christians are entitled to celebrate Easter and Christmas and the Muslims are entitled to celebrate Eid and other celebrations so also do the Traditionalists have the right to celebrate their day.

It is not hidden that all the religions in Nigeria have many and very serious points of disagreements. Some Christians consider Muslims and Traditionalists as not serving God, some Muslims consider Christians and Traditionalists as not serving God while some Traditionalists consider Christians and Muslims as not serving God. The proponents of the Constitution considers that this can degenerate into a situation of total breakdown of law and order if the adherents of the religions have to fight for supremacy. Thus, no religion was adopted as State Religion and the issue was not left to conjecture and speculation; State Religion was absolutely prohibited by the Constitution by the use of the phrase "shall not" in section 10.

The danger of constitutional right is that it may allow for things that may not be convenient. One of such is section 38 (1) of the 1999 Constitution. The constitution considers freedom of thought, conscience and religion as a fundamental right. Fundamental rights and different from rights simpliciter. In the case of EL-RUFAI vs SENATE OF THE NATIONAL ASSEMBLY & ORS (2014) LPELR-23115 (PP.45-47, PARAS. A-B) CA, my Lord, Hon. Justice Adumein JCA of the Court of Appeal, stated thus:

"Fundamental rights are not ordinary rights, as they are rights derived from fundamental law, such as the constitution and are therefore important or significant rights .... They are therefore regarded as inalienable human rights which cannot be infringed without a breach of the fundamental law of the land, that is the constitution, which recognizes such rights.... Fundamental rights remain in their realm of domestic law. They are fundamental because they have been guaranteed by the fundamental law of the country; that is by constitution."

In my long essay titled "A critical analysis of the enforcement of rights of refugees in Nigeria" submitted for the award of Master of Laws degree, I opined on page 34 that human right is realized when individuals enjoy the freedom covered by that right and their enjoyment of the right is secured.