The vice
president insisted that in a situation where the laws were made in line with
provisions of the Nigerian Constitution, such laws must be “reasonably
justifiable’’.
He averred
that the protection of freedom of worship and the practice of one’s beliefs was
crucial especially in a democratic society.
Vice President Yemi
Osinbajo has said that laws should not be made to restrict the freedom of
worship in the country.
Osinbajo said this in a
keynote address at the “First National Judicial Roundtable on The Intersection
between Law and Religion’’ at the National Judicial Institute, Abuja on Monday.
“Those laws according to
the Nigerian Constitution where they restrict freedom of worship, must be
“reasonably justifiable” in a democratic society in the interest of defence,
public safety, public order, public morality or public health.
“Or for the purpose of
protecting the rights and freedom or other persons.
“It is this test that
restrictive laws should satisfy every law that seeks to restrict religious
freedom, that is, is this legislation reasonably justifiable in a democratic
society for the protection of one of the listed public goods?
“The crucial question with
respect to such laws is whether they should be allowed to exercise
prior-restraint?
“For example should there
be licensing of places of worship or the dissemination of religious
information?
“Or should the laws punish
offending conduct when it occurs, such as the dissemination of hate speech?
“Is it reasonably
justifiable in a democratic society to make laws that restrict freedom of
speech by the fact that it says you must seek permission before you can make
certain types of public utterances?’’
Osinbajo noted that
prior-restraint “is open to abuse, will unduly restrict freedom of worship and
is probably unconstitutional’’.
He acknowledged that
freedom of speech is not only a fundamental right (in its own right) but it is
also the vehicle for the realisation of other rights.
He, however, said that the
laws must however be enforced to punish offensive conduct such as the
dissemination of hate speech or the perpetration of unlawful acts under the
guise of religious beliefs.
The vice president
emphasised that courts must be more careful to maintain their neutrality in the
trial of such matters.
Osinbajo said that there
was the need to deal with violent extremism emanating from religion.
He said the ideology of
violent extremism such as that perpetrated by Boko Haram or ISIL rejects the
common basis for human interaction under domestic laws of most societies and
international law.
“The extremists reject the
inalienable freedoms and rights of others, they reject the known universal
mechanisms for negotiation, compromise, and resolution of differences.
“They seek to impose their
world-view by force of terror on others.
“Consequently there is no
reasoning with these groups.
“The rest of society who
reject this bloodthirsty approach to spreading a set of beliefs must be
prepared to sustain a war against extremism which must lead to the military
defeat of its forces but more importantly victory in the ideological battle.’’
Osinbajo said there is no
question at all that there are important intersections between law as an
instrument of social control and religion especially in so far as it tends to
define moral parameters and borders.
(NAN)
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