Analysis of Preaching Board Laws in Some States of Northern Nigeria

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Freedom of Religion and Its Regulation in Nigeria: Analysis of Preaching Board Laws in Some States of Northern Nigeria

Ahmed Salisu Garba

Abstract

The re-enactment of religious preaching board laws to regulate religious preaching in some states of Northern Nigeria generated debates between Government on the one hand and religious/human rights groups on the other. This research examines the Preaching Board Laws of Kano, Borno and Kaduna States in Northern Nigeria through the prism of the Nigerian Constitution and other democratic norms that relate to the right to freedom of religion in all democratic orders. It applies argumentative meth- odology to raise and analyse the following questions: how reasonable and justifiable are these religious preaching board laws in a democratic Nigeria?; what gave rise to the enactment of these laws in the states under study?; what judicial review mechanism would be employed to determine their reasonableness and justifiability in a democ- racy?; how do they accord with the freedom of religion clause in the Constitution of the Federal Republic of Nigeria? The research establishes that some of the provisions of these laws are inconsistent with the provisions of the Nigerian Constitution and, by extension, international freedom of religion norms operating in all democratic orders. Second, Nigerian courts have not developed suitable balancing mechanisms for resolv- ing conflicts between the right of the state to regulate and citizens’ right to freedom of religion otherwise called the two competing rights, in the light of which the research calls for the amendment of the laws to accord with the provisions of the Constitution and international freedom of religion norms acceptable in all democracies. The paper further recommends a harmonised proportionality test or judicial standard of review based on Nigeria’s religion-state relations and local experience for the use of courts, legislators and administrative agents coming face to face with this type of conflict in their official capacity.

* Ahmed S. Garba, Lecturer, Department of Public Law, Faculty of Law, Bauchi State University, Gadau, Bauchi State, Nigeria.

Keywords religion – regulation – preaching boards – democratic society – freedom of religion

Introduction

The re-enactment of religious preaching board laws as a social control mechanism to regulate religious preaching in some states of Northern Nigeria has remained a subject of debate between Government on the one hand and religious/human rights groups on the other. The re-enactment process may have started in 2000 when some states expanded the scope of the application of Sharia Laws in Northern Nigeria. Borno, Kaduna, Niger and Katsina States started their own processes of the re-enactment of religious preaching laws in reaction to the crises associated with Muslim religious groups in their areas. Borno State amended its religious preaching board law in 20101 in response to the Boko Haram imbroglio in the state. The legislative action of Borno State prompted Katsina2 and Niger3 States to propose analogous bills in 2011 and 2014 respectively to amend their religious preaching board laws also in reaction to similar skirmishes associated with some Islamic religious groups in the two states.4 In a similar manner, the government of Kaduna State proposed a bill, among other social control measures, for a law to regulate religious preaching in the state in reaction to the Army-Shi’ite uncomfortable situation which oc- curred on 12 December 2015 in the city of Zaria in Kaduna State.5 Apart from the sporadic legislative activity of some Northern States de- scribed above, there have also been calls and agitations from different quar- ters for the regulation of religious preaching. For example, different panels of

1 The Borno State Admonishing and Interpretation Edict of 1977 was repealed by the Borno State Islamic Religious Preaching Law 1981 in so far as it applied to Islamic religious preaching. 2 See the Katsina State Islamic Education and Preaching Law of 2011. This Law consolidated two laws that had been in operation since 1991 in the State. They are the Islamic Education Bureau Law of 1991 and the Religious Preaching Regulation of 1991. 3 See the Niger State Islamic Religious Preaching Edict of 1979 which was repealed and replaced in 1985. For Sokoto State see the Certain Religious Preaching Edict of 1979. This was amended in 1984; repealed and replaced in 1986. 4 Aisha Wakaso, This Day Newspaper (Tuesday, 1 July 2014) Page 12. Also see Katsina State Government’s Publication, New Nigeria News, 22 September 2011. 5 A bill for a law to substitute the Kaduna State Regulation of Religious Preaching (Amendment) Edict No. 6 of 1996.