INFRINGEMENT OF THE RIGHT TO FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION; ARE YOU LIABLE?BY: E. U. AKPANUKOH ESQ. (THEPLAYMASTER)

To drive home the import of our discussion today, I invite you to join in a rather small yet practically very effective prank on your family, friends and foes; “Via whatever media you choose, declare openly that you no longer hold the belief you were known for or that you are now a sympathizer of another religious sect and watch the drama that will unfold.” After all next month is the month known for the famous April fool’s day. You can share your reactions in the comments if you have the mind to try it. 

Our focus for today is on the right to freedom of thought, conscience and religion with the aim of analyzing the possibility of individuals being liable for its infringement. Just last week, Aunty PhiPhi attacked and poured hot coals on the heads of terrorists as the chief invaders of the right to freedom of thought conscience and religion. Next week, Oga de Law Edim will have you believe that it is the government who encroach more on this right, but I will make you see that in reality the average individual on the street is a more likely transgressor of this very important right which is an offshoot of the right to freedom of expression.   

This right which we seek to consider today is so fundamental because those who believe (In God, Allah, Oduduwa, Jehovah or any deity whatsoever) link their ability to worship their God as the whole essence of life, hence a deprivation of this right is tantamount to an impeachment of the right to Life. So this right is guaranteed under Section 38(1) of the Constitution of the Federal Republic of Nigeria as follows: (1)  Every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his religion or belief, and freedom (either alone or in community with others, and in public or in private) to manifest and propagate his religion or belief in worship, teaching, practice and observance. (2) No person attending any place of education shall be required to receive religious instruction 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 religion not approved by his parent or guardian. (3) No religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any place of education maintained wholly by that community or denomination.

Of course, analyzing this section alone can be the subject matter of a Ph.D. dissertation. The writer elects to identify the following points namely:

The right to freedom of thought, conscience and religion does not only protect positively our right to choose a religion and practice same but advances on to the protection of one’s right to abandon any religion at any time. Ooopsie, our Muslim friends may not agree as it is seen as a crime in Islam to leave the religion. Meanwhile, although it is not expressly a crime to deny Christianity, anyone who attempts it exposes himself to public vilification and outcry. I bet if I tried it, my father would have had me assassinated and my mom might even commit suicide. That implies that although I have a right to hold any belief I want, or not to hold any belief at all, I am mentally constrained to remain where society has placed me. If this right means anything, this has to change immediately. 

Hey, in so far as it is legal, allow people hold their opinions. Please, if I be an ardent supporter of your worst political enemy, let it go, respect my right to freedom of thought. Also, If my conscience permits me to drink alcohol or smoke, in so far as that is not illegal in my area and it doesn’t intrude on your own health, allow me suffer my lung and kidney failure alone please. 

The United Nation’s Human Rights committee stated that the observance and practice of religion or belief may include not only ceremonial acts but also such customs as the observance of dietary regulations, the wearing of distinctive clothing or head coverings, participation in rituals associated with certain stages of life, and the use of a particular language customarily spoken by a group. So insofar as the institution is a public institution established with funds from the commonwealth and not set up in line subsection (3) of section 38 of the CRFN, please allow those Muslim girls their right to wear their Hijabs. Common for goodness sake, if they are expected to put up with our nudity (relatively), we should be able to tolerate their modesty (relatively). 

However, my argument will most certainly be different if the institution is set up for missionary purposes and propagation of a particular religion. In this light, persons who willingly enroll into catholic schools should as a matter of necessity disembark from the careless argument that they should be precluded from reciting catholic prayers. I dare add and I must admit bravely too, that Covenant University and Madonna University students shouldn’t be heard complaining about their school’s Christian and religious outlook, because the school can always argue that it was set up for evangelical reasons and for the propagation of religion. How about Jehovah’s witnesses? Same applies; they have a right not to say the national anthem or the pledge as this offends their beliefs, however, if they use their two legs and voluntarily move to a missionary school set up for the propagation of religious tenets, then they shouldn’t complain about being forced to say them.   

It must be noted that right to freedom of thought, conscience and religion does not imply the right to membership of a secret society. Sorry friends, I should not say more about this.

Conclusively, It is because I want you to take home some important points that I have decided to keep this work simple and short. Therefore, notice that it is not until you carry a gun and build huts in the Sambisa forest that you can infringe on another person’s right to freedom of thought, conscience, and religion. Parents must understand that their duty and responsibility of guiding their child’s religious idiosyncrasies end upon the child attaining the age of majority which is 18 years in Nigeria. Attempting to force feed an adult a religion or thought is against that individual’s right enshrined under the Nigerian constitution. 

More so, let us stop bullying people on social media over their opinions on issues and most importantly their religious beliefs. Learn to tolerate people and accept their religious beliefs even if they’re different from ours. My friend, allow that Brotherhood of the cross and star member breath fine. Stop laughing at him for walking bare feet. It is the same thing as an atheist laughing at you for believing in what you cannot see. Please allow the Jehovah’s witnesses to enjoy their umbrellas and briefcases, stop all the taunting. Although I am sure they expect it as part of their religious struggles and have come to accept it, don’t do it sir. Don’t be a Boko Haram member walking around Marian Market, Calabar, preaching about Jesus Christ.

Thank you very much for your time and I hope you leave me your comments. BuhBye!