Constitutional rights to religion and their manifestation in Uganda and Nigeria
By Salihi Adamu Takai
Religion is the most important thing to live with on earth – and for embracing the ultimate life as the avenue to a – successful life and the last day. As a Muslim, you have been ordained in the religion you have faith in to accommodate everything said therein. Various verses in the Glorious Qur’an have an emphasis on being submissive to the religion completely.
In chapter 2 of the Qur’an, Verse 208, Almighty Allah asks the believers to enter Islam to the fullest extent of its laws, adhere to the Book – and refrain from transgressing to everything disliked therefrom. This has encompassed the extent of being surrendered in anything of the Almighty Allah.
Contemporaneously, we interact in a secular world where religious belief is becoming disliked by some people who deem themselves “humanists”. But, there had been a generation that had manifested the idea of religion and propagated the natural school of thought. They believed that the world should be controlled by the Lord against manmade laws.
Nowadays, secularism allows for democracy, reduces the power of religion, and empowers manmade laws. To them, religious law undoubtedly must be in conformity with manmade laws. This is, of course, stated in every Constitution of every secular state.
Section 10 of the 1999 Constitution of the Federal Republic of Nigeria mentions that ” The Government of Federation or of a State shall not adopt any religion as State Religion. This is the same as in the 1995 Constitution of the Republic of Uganda, Article 7, in which the Constitution says: “Uganda shall not adopt a State religion”.
Moreover, the same Constitutions give the right to practise a religion in both countries, Nigeria and Uganda. Section 38 of the 1995 Constitution of the Federal Republic of Nigeria gives the right to a religion in both countries, Nigeria and Uganda.
Section 38 of the 1995 Constitution of the Federal Republic of Nigeria gives the right to a religion. Also, in Article 29 of the 1995 Constitution of the Republic of Uganda, the right to religion has been protected. But the Constitution of Uganda, in the aforementioned Article, continuously says that the practice of the religion shall be in a manner consistent with the Constitution as it’s said in Article 2 ( Supremacy of the Constitution).
Nigeria, as a Federal State that encompasses diversity in tribe, culture and religion, indirectly gives room for the adoption of a religion but not to the extent of its laws. The establishment of the Shari’a Courts by the Constitution is, of course, a move to the adoption in the Eighteen States of the Northern parts of Nigeria. The Courts are not yet as powerful as the conventional courts of the Country.
The Sharia Courts are limited to hearing only Islamic Personal matters – not other crimes. Section 277 (1) of the 1999 Constitution of the Federal Republic of Nigeria says: “The Sharia Court of Appeal of a State shall, in addition to such other jurisdiction as may be conferred upon it by the law of the State, exercise such appellant and supervisory jurisdiction in civil proceedings involving questions of Islamic personal law which the Court is competent to decide in accordance with the provisions of subsection (2) of this section.”.