It’s illegal for Soun to query Chief Imam – Lawyer
An Ibadan-based lawyer, Barrister Abiodun Amole, has declared that the recent query issued by the Soun of Ogbomoso, Oba Afolabi Ghandi Olaoye, to the Chief Imam of Ogbomoso, Shiek Taliat Yunus Olusina Ayilara, is “illegal and unconstitutional.”
Amole’s statement come amid growing tensions between the Soun and the Chief Imam, with many in the community concerned about the potential consequences of the ongoing dispute.
In an interview with Vanguard yesterday, Barrister Amole, elaborated on his concerns regarding the Soun’s actions and their potential impact on religious freedom in Ogbomoso.
He explained that the Soun’s actions are in violation of the Nigerian Constitution, which guarantees freedom of religion and freedom from discrimination.
The legal practitioner noted that there is no law that says that a Chief Imam of a town must take permission from the traditional ruler before he can embark on a journey.
He said, “What we are seeing here is a clear violation of the Chief Imam’s rights as both a religious leader and a Nigerian citizen.”
“The Soun’s attempt to undermine the Chief Imam’s authority and reputation is not only illegal, but also represents a troubling trend towards religious intolerance and discrimination.”
He noted that the cleric is not in any way whatsoever accountable to the monarch.
“Viewed strictly from the legal perspective, the issuance of a query by the Soun of Ogbomoso, Oba Afolabi Ghandi Olaoye to the Chief Imam of the predominantly Muslim town for traveling to Saudi Arabia to perform the hajj without informing the monarch is clearly illegal and of no moment.”
“There is no law that provides that a Nigerian citizen shall inform or seek the permission of another citizen before travelling or exercising his constitutionally, guaranteed right to freedom of movement as enshrined in Section 41(1) of the constitution of the Federal Republic of Nigeria, 1999(as amended).”
“Furthermore, article 13(1) & (2) of the Universal Declaration of Human Rights & Article 12(1) & (2) of the African Charter on Human and People’s Rights also guarantee that right.”
“The right to freedom of movement is therefore a universal and inalienable right of the Chief Imam of Ogbomoso which the Soun cannot deprive him unilaterally under whatever guise.”
“Notwithstanding the alleged undertaking he made, the cleric cannot be deprived of his constitutional right to freedom of movement.”
“More so, when the law is well settled that a statutory provision cannot be waived or glossed over but must be given effect no matter what. The action of the Soun is in the circumstance extra, constitutional, unjustifiable, null and void and of no consequence or effect whatsoever.”
“Constitutional provisions are extremely sacrosanct, non-negotiable and must therefore be strictly given effect at all times.”
“In a nutshell, the cleric is not in any way or manner whatsoever accountable to the monarch as to how he exercises his constitutional right to freedom of movement,” he stressed.
[Vanguard]
