Illegal Act of Some Faith-based Institutions in Nigeria -By ‘Yinka Oyesomi

In Nigeria, one of the most constant headaches that confronts the masses is the gross violation of their fundamental rights as enshrined in Chapter IV of the 1999 Constitution (as amended).

Without mincing words,it is not within the context of this expostulation to cite names but to emphasize the immorality and crime of subjecting a child to instruction or participation in a religion other than his or her parent.See Section 38(1),(2) and (3) of the 1999 constitution.

By my calling as a student of law,I have the hallowed responsibility of ensuring the observance of fundamental rights as provided in the constitution so as not to give chances for any lacuna which may lead to tyranny and oppression in our society.

This easily brings to mind the sacred words of the Chief Justice of Nigeria, Hon. Justice W.S.N Onnoghen, GCON, at the call to Bar ceremonies held on July 13,2017. His Lordship, in his speech, admonished thus:
“As legal practitioners, you cannot close your eyes to the social,political and economic problems of our time;therefore you have a duty to help rescue our society from pervasive lawlessness, corruption and anti-social activities ”

It is, therefore, not in doubt that it is immoral for a budding lawyer to close his eyes to pervasive lawlessness and total violation of fundamental rights as practiced by some faith-based institutions in Nigeria.

Over the years,there have been establishments of several private institutions which are mostly faith-based- with either Christianity or Islamic ideology.

However, there is no doubt that these institutions have contributed immensely to the academic growth cum educational system in Nigeria. This is so because the entire educational system had fallen apart due to poor-funding by the government. What can we say to the closure of Ladoke Akintola University of Technology, Ogbomoso for several months due to poor-funding? This makes it evident that our government have not made their priorities right. They have only taken frivolities for fundamentals. Anyway,posterity will judge,cum the blood of our past heroes will continue to haunt all our Oppressors.

Without digressing from the aim of this piece, the compulsion of the religious activities on students of those schools is deemed to be frowned-at. as they are only being benevolent in a malificient manner.

The constitution is so glare in its provision that every person shall be entitled to freedom of thought, conscience and belief. It is therefore illegal to compel a fellow to practice a certan religion.

It embitters the mind that these institutions of learning have gone to the extent of imposing sanctions on students who refuse to attend religious programmes by the school. These sanctions come in form of suspension or expulsion as the case may be. The question that readily comes to the minds of of an inquisitive-being like myself is: Is it now a crime to refuse to practice a religion other than one’s faith? It is somewhat ridiculous that such acts can occur in this 21st century!

While my Colleagues in the legal parlance may posit that students in faith-based institutions have entered a legally binding agreement on signing of their matriculation oat-forms. Hence,they are bound by the school’s code-of-conduct. This is where the constitution as the groundnorm comes to play as any bye-law made must be in consonance with the constitution. Any law which mitigates any provisions of the 1999 Constitution of Nigeria (as amended)must be rendered ultra-vires.

Also,the compulsion of practicing a religion other than one’s faith has violated one of the legal principle, which is ‘the rule of law’. Rule of law as postulated by Professor A.V Dicey is the supremacy of the law, equality before the law and protection of human human rights by the constitution. This easily flashes the mind on the obiter-dictum of Lord Denning in a case when referring to Thomas Fuller. His Lordship, as he then was, said: *”Be you never be so high,the law is above you”*.

Conclusively, to create a nation devoid of social,economic, political, tribal and religious imbroglio, it is pertinent on the entire Citizenry of such nation to be conscious of the laws of the land as any nation will not develop until her Citizens are constitutionally conscious.

God bless United Nigeria!

‘Yinka Oyesomi is a law student of Olabisi Onabanjo University whose keen interest lies passionately in Civil Rights Crusading and nation building.He can be reached via yinkaoyesomilaw@yahoo.com