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Recently, news circulated that the Niger State governor, Umar Bago, introduced a policy to regulate religious sermons in the state.
Governor Umar explained that while the move was not aimed at evangelism, his administration wants to guide what religious leaders preach to citizens to prevent extremism in the region.
On social media, some users agreed with the governor’s stance, adding that the policy would be a harbinger of peaceful coexistence between people with different religious beliefs. In contrast, others argued that it may likely lead to political interference.
As part of DUBAWA’s media and literacy project, we examined the power of a state governor in Nigeria to regulate religious affairs.
What does the law say?
To know the legality of Umar’s decision, it is safe to begin by determining the extent of a governor’s powers to make laws on religious affairs.
Findings reveal that a state governor in Nigeria, as the executive arm of government, does not have the authority to legislate on matters of religion. In fact, Section 10 of the Nigerian Constitution stipulates that no religion shall be adopted as the state religion of any state in the country. As such, a state in Nigeria is a secular entity.
By virtue of this secular nature of a state, the governor has less authority over the religious affairs of such an entity. Meanwhile, on the grounds of public order, the governor can go into the arena to curb excesses whenever he deems fit. This is in accordance with Section 11(1) of the Constitution, which states, inter alia, that laws may be made for a state concerning the maintenance and securing of public safety and public order.
Similarly, Section 38 of the nation’s Constitution guarantees freedom of religion and expression, while Section 39 guarantees the right to preach, propagate, and manifest one’s beliefs. In fact, Section 38(3) states that no religious community or denomination shall be prevented from providing religious instruction for its pupils of that community or denomination.
However, we found that these rights are not absolute. Section 45 of the same constitution allows restrictions on public safety, order, morality, or health. However, such restrictions must be reasonably justifiable and backed by law.
An analysis of the legal position
DUBAWA checks show that a Nigerian court can declare illegal a regulatory intervention by the state government or any other body if the court finds such regulatory control broad to the extent that it becomes unreasonable.
While the Niger state government may exercise its power to ensure that religious preaching is not defamatory or hate speech, such power is minimal within the ambit of the law.
DUBAWA spoke with Abdulhameed Kamaldeen, an Abuja-based lawyer. Abdulhameed noted that religious preaching does not require a state-backed license under Nigerian laws and that any law attempting to aaaw it can be challenged in court.
Therefore, any attempt to subject that right to licensing or prior approval constitutes a restriction of fundamental rights, even though the rights guaranteed under the law are said not to be absolute.
“So, unless there is a law passed by the State House of Assembly authorising licences for preachers, any attempt by a state government to impose licensing through policy or executive directive can amount to censorship or limitation of fundamental rights,” Abdulhameed said.
Another lawyer, Ibrahim Moshood, said that although the governor may be administratively right, it is against the constitution’s provisions when viewed from a legal perspective.
“That the government should sanction what preachers will say in the religious centres may limit their rights. Alas, the preachers know that the government has the obligation to curtail defamatory or offensive remarks, but such must be aqwithin the extent set by the law.”
He added that the religious preachers may approach the court to air their grievances whenever their rights are violated.
Conclusion
DUBAWA’s findings show that although a state government has the obligation to instil order and decorum within the boundaries of a state, state decisions must be made under the grounds of the Nigerian law. Otherwise, the court may be forced to declare it null and void.
