Isese Festival And The Declaration By The Ilorin Council Of Ulamas: The Right Of Citizens To Freedom Of Religion, Peaceful Assembly And Association in Nigeria Must Be Respected and Protected – NBA SPIDEL

The Nigerian Bar Association- Section on Public Interest and Development Law (NBA-SPIDEL) has warned that the Right Of Citizens to Freedom Of Religion, Peaceful Assembly and Association In Nigeria Must Be Respected And Protected.

SPIDEL made this known in a statement on Wednesday signed by the Chairman, John Aikpokpo-Martins and Secretary, Funmi Adeogun.

Nigeria is a country with a multi-faceted ethnic composition. Nigeria’s heterogeneous nature comes with diverse religious beliefs and sentiments. As a country governed by one supreme law, the 1999 Constitution of the Federal Republic of Nigeria, the right of individuals to uphold and practice their religious beliefs is carefully and sanctimoniously protected by the provisions of section 38(1) and 40 of the 1999 Constitution. Suffice to say that the freedom to practice Christianity, Islam, and indeed every other form of religion is a constitutional right accruing to each and every citizen of the Nigerian society without exception.

In the light of the foregoing, the attention of the Nigerian Bar Association- Section on Public Interest and Development Law (NBA-SPIDEL) has been drawn to ongoing reports making the rounds that the Council of Ulama (Islamic clerics) in Kwara State has warned members of the International Council for Ifa Religion (ICIR) planning to celebrate traditional religion or Ifa festival in Ilorin, or any part of the Ilorin Emirate, comprising Asa, Moro, Ilorin East, Ilorin West and Ilorin South local government areas, Kwara State to desist from observing their feast scheduled for a later date in August, 2023.

The NBA-SPIDEL outrightly condemns this act and further states that such acts are tantamount to disobeying the provisions of the Constitution of the Federal Republic of Nigeria and it’s also a recipe for religious tension, anarchy and chaos. Let it be restated for the upteeth time that every citizen of this country is entitled to his or her religious beliefs and the lawful and peaceful exercise of these fundamental rights cannot be restricted, abridged, subjugated or derogated from by any person or authority.

SPIDEL also frowns at the press release made by the Nigeria Police Command, Kwara State, which press release unfortunately echoes the unlawful declaration of the Council of Ulama (Islamic Clerics) that these Ifa worshippers should not go ahead with their festival. The press release runs contrary to the ideals that the Nigeria Police epitomises and is expected to stand for under the Constitution and its enabling statute. The Nigeria Police Force should be reminded that it remains one of the agencies for the enforcement of the provisions of the Constitution, including the fundamental right of the Ifa worshippers or adherents of any other religion including Islam to freely practice their religion. The Police is thus urged to perform it’s Constitutional and statutory responsibilities by provide all necessary security logistics and protection to ensure a peaceful and free exercise of the religious beliefs and practices of these Isese adherents which obviously is now a subject of threat and intimidation in Ilorin, Kwara State.

With the declaration of the Ulamas in Ilorin declaring Ilorin a no go area for the Isese adherents and the welcoming disposition of the Kwara State Police Command to such bare faced constitutional affront, one cannot but shudder to ask if Ilorin Metropolis or Kwara State has adopted Islam as the State Religion. Being conscious of the religious volatility of the Nigerian State arising from the diverse religious backgrounds of the many nations which amalgamated to form it, the framers of the Nigerian Constitution in their wisdom outlawed the adoption of any religion as State Religion. The provision of Section 10 of the Constitution of Nigeria 1999, wherein this restriction is contained, is extant and valid, having not been repealed or abrogated in any manner.

It therefore begs the question where the Ilorin Ulamas derived the powers and/or authority to outlaw the practice of any lawful religion in Ilorin or its environs as the Ulamas purport to decree.

Consequently, NBA-SPIDEL calls on the Government of Kwara State, the Inspector-General of Police, the Commissioner of Police, Kwara State Police Command and indeed the security agencies in Kwara State to immediately look into this brewing crisis and put a stop to the unconstitutional claims being made by a religious section in the state and further enforce the constitutional rights of these traditional worshippers to practice their religion without unlawful restraint.

We further urge all parties concerned to imbibe peace, harmony, and ensure cordiality, which are the true virtues of Islam and respect the constitutional right of the traditional worshippers to celebrate their Isese feast in peace.