CHAPTER 6: - Right to Freedom of Conscience: - Article 8
1.
Constitutional and Judicial Measures
Section 38 of the Nigerian Constitution guarantees the right to freedom of thought,
conscience and religion.
The section gives the latitude to every person to change his/her belief, to manifest and
propagate his/her religion in worship, teaching, practice and observance either alone or
in concert with others, subject to the constitutional limitations such as in the interest of
defence, public safety and order, public morality or health or for the purpose of protecting
the rights and freedom of others.
The Court of Appeal held in the recent case of Abdulkareem v. Lagos State Govt.
(2016)15 NWLR (Pt. 1535)P.177, that refusal by Lagos State government to allow
female Muslim students of public schools wear hijab on school uniforms during and after
school hours is violative of their right to freedom of thought, conscience and religion.
The Court of Appeal and the Supreme Court of Nigeria have struck down some local
government authority policies/decisions and upheld the right to freedom of conscience,
thought and religion: - Adamu v. Attorney General of Borno State (1996) 8 NWLR 203;
Theresa Onwo v. Oko (1996) 6 NWLR 587; Agbai v. Okogbue (1991) 1 NWLR
(pt.204)p.391 at 444.
The above constitutional ideals can best be translated into practice by the following:
i. Promoting of ethno - religious tolerance among the diverse ethnic and religious
groups for the purpose of peaceful co-existence and mutual respect.
ii. Promotion of continuing inter-faith dialogue by Faith-Base Organizations
nationwide.
The role of the leadership of the Supreme Council for Islamic Affairs and the Christian
Association of Nigeria in promoting inter-faith dialogue and the promotion of freedom of
religion and conscience through the promotion of religious tolerance and the prevention
and management of ethno-religious conflicts largely fuelled by politicians is
commendable.
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