KNOW YOUR RIGHT: What Section 10 of the Nigerian Constitution Says About Religion
Religion is an important part of life for millions of Nigerians. Christians, Muslims and people of other faiths live and practise their beliefs across the country.
But what does the Nigerian Constitution say about the relationship between religion and government?
This is where Section 10 of the 1999 Constitution becomes important.
What does Section 10 say?
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Section 10 of the Constitution is titled “Prohibition of State Religion.”
It provides:
“The Government of the Federation or of a State shall not adopt any religion as State Religion.”
In simple language, this means that neither the Federal Government nor any State Government is constitutionally permitted to declare one religion as the official religion of Nigeria or of a State.
Why does this matter?
Nigeria is a religiously diverse country. Government decisions affect people who belong to different religions as well as those who do not practise any religion.
Section 10 therefore establishes an important constitutional principle: the government is not supposed to make one religion the official religion of the country or a state.
This does not mean religion has no place in Nigerian public life. Nigerians remain free to practise their religions. In fact, Section 38 of the Constitution protects freedom of thought, conscience and religion, including the right to change one’s religion or belief and to manifest it, subject to the constitutional limitations provided by law.
The combination of Sections 10 and 38 is important: government cannot adopt a State religion, while individuals retain constitutional protection for their religious freedom.
Does Section 10 mean Nigeria is an atheist or anti-religion country?
No.
Section 10 does not prohibit Nigerians from being religious, praying, attending churches or mosques, or practising their faith.
Its focus is on the State.
The Constitution prevents the Federal Government and State Governments from adopting a particular religion as the official State religion. At the same time, citizens have constitutional protection for freedom of religion.
What should an ordinary Nigerian know?
If you are a Christian, Muslim or follower of another belief, your religious identity does not make you less Nigerian.
Similarly, government should not treat citizenship as belonging exclusively to followers of one religion.
This is particularly important in a country as religiously diverse as Nigeria. Section 10 provides a constitutional framework intended to ensure that the Nigerian State does not formally belong to one religion.
What Section 10 does NOT say
Section 10 does not say:
Nigerians cannot practise their religion.
Religious organisations cannot exist.
Religious leaders cannot speak on public issues.
Citizens cannot express their religious beliefs.
Government officials cannot personally have religious beliefs.
Rather, it says that the Federal Government and State Governments shall not adopt any religion as State Religion.
Why should you care?
Knowing Section 10 helps citizens understand the difference between personal religious freedom and the constitutional position of the State.
It also gives Nigerians a useful constitutional reference whenever questions arise about religion and government.
Your rights are stronger when you know what the Constitution actually says.
This article is based on Section 10 of the Constitution of the Federal Republic of Nigeria, 1999, as published by the Policy and Legal Advocacy Centre (PLAC). Readers should consult the Constitution and qualified legal practitioners for advice on specific legal disputes.
