STRIKING A BALANCE BETWEEN RIGHTS TO FREEDOM OF RELIGION AND NUISANCE IN NIGERIA

Abstract

In view of the importance and sensitivity of religion in Nigeria, the Constitution of the Federal Republic of Nigeria, 1999, the UN Universal Declaration of Human and Peoples’ Rights and other international instruments unequivocally prescribe and sanction the right to freedom of religion as sacrosanct. However, in the course of exercising the right to freedom of religion, citizens often carry out certain religious practices that constitute a nuisance and violate the rights of other members of society. Hence, states put in place various legislation regulating such actions. Therefore, the controversy is whether such laws are inconsistent with the constitutionally guaranteed rights to freedom. The research aims to find out whether the various laws, by-laws, and executive orders restricting or prohibiting certain religious practices are valid and not inconsistent with the Constitution. The research adopts a doctrinal approach in an analytical by analyzing the Constitution, other legislation, and other literature. The research found that the prohibition of actions such as blockage of public ways, excessive use of loudspeakers, provocative sermons, and other similar actions is not inconsistent with the Constitutional provisions on freedom of religion and expression. The work recommended a general overhaul of the Constitution to expressly create exceptions to the rights to freedom of religion and expression, among others.