A Critical Overview of the Right to Freedom of Thought, Conscience and Religion in Nigeria

Authors

  • N. O. Obiaraeri Imo State University, Owerri, Nigeria

Keywords:

faith, hajj, irreligious, pilgrimage, religious, secular

Abstract

The right to freedom of thought, conscience and religion is an inalienable and justiciable right guaranteed under the Nigerian Constitution. In the same breadth, the same Constitution provides that there shall be no State Religion. This notwithstanding, Government provision for the enjoyment of the right to religious worship has led to formation of Faith Based Government Agencies like the National Hajj Commission of Nigeria and the Nigerian Christian Pilgrim Commission thereby throwing up the question whether the rights of non-religious or irreligious persons do not enjoy constitutional protection in Nigeria. Deploying the doctrinal research method, relevant international, regional and domestic laws on the right to religious belief were critically examined alongside judicial interpretations placed on them. The paper found that the right to freedom of thought, conscience and religion is interpreted broadly by the Courts to include the unfettered right of the non-religious or irreligious to practice their beliefs although they do not enjoy any support from government in this regard. It was suggested among other things that since religion is a private matter, government should discontinue sponsoring religious pilgrimages and channel the resources for that purpose to uplift the living standards of the generality of the citizens. 

Author Biography

  • N. O. Obiaraeri, Imo State University, Owerri, Nigeria

    N. O. Obiaraeri, LL. B (Hons), B.L. (Hons), LL.M, Ph.D (Law), FHRI, FCAI, KJW, MBRIPAN
    Professor of Law, Faculty of Law, Imo State University, Owerri, Nigeria. He is a former Dean, Faculty of Law, Imo State University, Owerri, Nigeria and former Fellow and Visiting Scholar, Human Rights Institute, Columbia University, New York, New York, USA. 

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Published

2025-02-13