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Democracy & Governance

The Human Conscience And Its Constitutionality -By Edikan Ekanem

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Edikan Ekanem

Edikan Ekanem

 

On some positions, cowardice asks the question, is it expedient? And then expedience comes along and asks the question, is it politic? Vanity asks the question, is it popular? Conscience asks the question, is it right? There comes a time when one must take the position that is neither safe nor politic nor popular, but he must do it because conscience tells him it is right. – Martin Luther King Jr.

The word conscience is translated from the Greek sy·neiʹde·sis, which is drawn from syn (with) and eiʹde·sis (knowledge) and thus means co-knowledge, or knowledge with oneself. Conscience is a capacity to look at oneself and render judgment about oneself, bear witness to oneself.

Putting it differently, the Greek word for “conscience” literally means “co-knowledge, or knowledge with oneself.” Unlike all other earthly creatures, we possess a God-given capacity to know ourselves. We can, in a sense, stand back and look at ourselves and make moral judgments. Acting as an internal witness bearer, or judge, our conscience can examine our actions, our attitudes, and our choices. It may guide us toward a good decision or warn us against a bad one. Afterward, it may comfort us for choosing well or punish us with sharp pangs for choosing poorly.

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Conscience is inherent in man, having been made part of him by God. It is an inward realization or sense of right and wrong that excuses or accuses one, hence, conscience judge. It also can be trained by the thoughts and acts, convictions and rules that are implanted in a person’s mind by study and experience.
Based on these things, it makes a comparison with the course of action being taken or contemplated. Then it sounds a warning when the rules and the course conflict, unless the conscience is“seared”, made unfeeling by continued violations of its warnings. Conscience can be a moral safety device, in that it imparts pleasure and inflicts pain for one’s own good and bad conduct as stated earlier.

Constitutionality
Interestingly, the constitution of the federal republic of Nigeria is not oblivious about this natural gift of conscience and properly protects it. Section 38 of the 1999 Nigerian constitution as amended has provided for the right to freedom of thought, conscience and religion. Section 38(1) states 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 in the community with others and in the public or private) to manifest and propagate his religion or belief in worship, teaching, practice and observance”

Critically looking at some communities and institutions, it is obvious that this provision of the law is always not recognized because some persons are always forced to do things against their will when the constitution expressly prohibits that. In some institutions of the country, some students and pupils are subjected to inhuman treatments and unconstitutional expulsions on ground that they have refused to take parts in religious affairs in the school, as a result conscience. This is a slap to the constitution, and why do we so say?

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Section 38(2) of the constitution states thus:” No person attending any place of education shall be required to receive religious instructions or to take part in or attend any religious ceremony or observance if such instruction, ceremony or observance relates to a religion other than his own or a religion not approved by his parents or guardian”. This provision of the law expressly prohibits the above stated activities of some leaders and teachers in some Nigerian intuitions, this menace must be curbed.

Also, in some communities that attach more value to their cultures if keenly looked into, it will be observed that this freedom of conscience has been trampled upon by the community leaders. Some persons may refuse to take parts in plays that their religions and consciences have not consented but the leaders will threaten to kill or dehumanized them upon their delays. Why will this be happening in a democratic state like Nigeria? Cases abound the State how villagers were forcefully placed on oath, beaten and ostracized because of their refusal to take part in communal activities that is unjust for them. Why should it be so? Does it mean that the provision of the constitution is not having a protective hand over this Nigerians again? This miasma must stop.

Section 38(4) of the 1999 constitution provides as follows: “No religious community or denomination shall be prevented from providing religious instructions for pupils of that community or denomination in any place of education maintained wholly by that community or denomination”. These provisions of the law are self-explanatory and need not further interpretation, it is now left for us to check the possible ways we can apply it so as to respect other people’s freedom of conscience.

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On the issue of killing people another tribe based of religious differences, it is imperative to state that the constitution has not placed any religion above the other thus exalting one’s conscience above the other. Section 10 of the constitution states: “the government of the federation or of a state shall not adopt any religion as a state religion”. It therefore become so obvious that the constitution does not discriminate against any religion in the state and it does also place superiority over another. Any Nigerian can move to anywhere in the country and continue with his normal worship routine without any hindrance from any person. This should not be overlooked and if it was not observed, it should be handled with kid gloves.

On the grounds of morality as against law, Conscience must be enlightened; if not, it can mislead. It is an unsafe guide if it has not been trained in right standards, according to the truth. Its development can be wrongly influenced by local environment, customs, worship, and habits. It might judge matters as being right or wrong by these incorrect standards or values.

More so, a good conscience will show Consideration for Consciences of Others. In view of the fact that in order to make proper evaluations a conscience must be fully and accurately trained in God’s Word, an untrained conscience may be weak. That is, it may be easily and unwisely suppressed, or the person may become offended by the actions or words of others, even in instances where no wrongdoing may exist.

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An individual with knowledge and whose conscience is trained is commanded to give consideration and allowance to the one with a weak conscience, not using all his freedom or insisting on all his personal “rights” or always doing just as he pleases. Can we not meditate and ponder over this? Won’t it help us curb our societal problems? We need to think twice.

Recommendation
May we all respect others decision as we want them to respect ours, respecting others consciences, putting an end to these absurd and barbaric  developments by respecting our constitution, adhering to it and not doing things that goes contrary to the provisions of it in order to maintain peace and order in the society.

It will be appropriate to conclude this exposition with words of Ayoola J.S.C in the case of Medical and Dental Practitioner’s Tribunal v Emewula when he said “the right to freedom of thought, conscience or religion implies a right not to be prevented, without lawful justifications, from choosing the course of one’s life, fashioned on what one believes in, and a right not to be coerced into acting contrary to one’s religious belief. The limits of these freedoms, as in all cases, are where they impinge on the rights of others or where they put the welfare of society or public health in jeopardy”

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Edikan Ekanem is a student of University of Uyo, a writer, a columnist, a literal observer, an analyst and remains politically neutral. He can be reached at: 08130015006,eddy4jah@gmail.com.

 

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