ADOPTION OF STATE RELIGION’ IN THE INTERPRETATION OF SECTION 10 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 (AS AMENDED)

Abstract

Nigeria is a religiously diverse nation with Islam and Christianity as the key ones. Without prejudice to the sensibilities of the adherents of traditions religion, followers of these two main religions take divergent views on the issue of secularity of the Nigerian state. Whereas most Christians in Nigeria argue for separation of state from religion, most Muslims advocate for union of religion, the state and the law. These arguments as to whether or not the Constitution harbours the secularity principle ensued especially with some northern states’ adoption of Sharia Criminal law from the dawn of the Millennium. Yet studies reveal that just as previous constitutions, the Constitution of the Federal Republic of Nigeria 1999 (as amended) does not explicitly declare Nigeria a secular state. It, however, prohibits states and the Federal Government, or any part thereof, from adopting any religion as state religion; and guarantees to every person the right to freedom of thought, conscience and religion as well as the right to freedom from discrimination on grounds, inter alia, of religion. This study examines the concept of state secularity in historical, grammatical and etymological perspectives in response to the various positions. Ultimately, the study takes a comprehensive look at the Constitution with a view to construing its intendment with regard to the notion of state secularity.