BALANCING SECURITY CONCERNS WITH RELIGIOUS FREEDOM: THE AGUNECHEMBA PERSPECTIVE
INTRODUCTION
Law principally exists to regulate human interaction. Similarly, one major function of law is to help protect lives and property. Hence, governments are primarily set in place to ensure compliance of the law and help achieve its objectives.Whilst the National Assembly is mandated to make laws at the federal level, the State House of Assembly replicates same at the state level. That is to say, the State House of Assembly is empowered by the constitution to make laws for the peace, order and good government of the state. By extension, the constitution empowers the Governor of a State to execute and enforce laws made by the State House of Assembly.In the past few months, there has been a series of security threats in Anambra State, Nigeria; issues of kidnapping, murder, etc. This led to the enactment of the Anambra State Homeland Security Law, 2025 and its subsequent assent by the governor, Prof Charles Soludo this year. The dispositions of Sections 18, 19 and 20 seeks to criminalize certain actions of people practicing the traditional religion and other religious practices which according to the law breeds and encourages insecurity in the state. The dispositions of the said sections then begs the question, “Was the Right to Freedom of thought, conscience and religion guaranteed in the Constitution not contemplated in the drafting of the law?” This work seeks to consider relevant sections of the Anambra State Homeland Security Law in relation to the concerns of traditionalists and the enjoyment of their Right to Freedom of thought, conscience and religion as guaranteed in the constitution.
LEGAL FRAMEWORK OF THE AGUNECHEMBA SECURITY OUTFIT
Flowing from what was stated hitherto, the Anambra State House of Assembly in conjunction with the Governor were acting within the scope of their constitutional powers in enacting the Homeland Security Law. S 3 of the law established the Agunechemba Security Outfit. According to the law, the Agunechemba shall exist and operate in at least each town/community in the state, in each local government of the state and at the State level as the Central Command. Essentially, the function of the Agunechemba is to assist the Nigeria Police Force and any other security agency to prevent and detect crimes, preserve law and order, protect lives and property, inter alia. Amongst other powers, the Agunechemba shall have power to arrest and handover to the Police, any person who commits crime. The law expressly mandates the Agunechemba to handover to the Police any person who commits/is suspected of committing a crime for appropriate prosecution and trial in court. This position is laudable as it still retains the power of prosecution of criminals on the Police whilst working in symbiosis with the Agunechemba.Furthermore, the dispositions of S 18, 19 and 20 of the law calls for concern especially amongst traditionalists in the state. The sections are reproduced below:(1) Any person who under the practice of “okite” or of supernatural “ezenwanyi” or under any other guise, administers powers any substance or charm on or for any other person for the purpose of commission of any offence or for the purpose of accumulation of wealth by supernatural means other than by any known lawful means of livelihood or who publicly propagates the accumulation of such wealth other than by any known lawful means of livelihood, commits an offence and is liable on conviction to imprisonment for a term of 6 years with an option of fine of N20 million or both.(2) Any person who performs any sacrifice or dumps on any road or throws into any water body in the State, any charms, substance or items of sacrifice in furtherance of the commission of any offence under sub section 1 of this section, commits an offence and is liable on conviction to imprisonment for a term of 6 years with an option of fine of N20 million or both.(3) Any person who misleads the public by purporting to wield any supernatural powers which he is found not to possess or who obtains any reward from any person in furtherance thereof, commits an offence and is liable on conviction to imprisonment for a term of 6 years with an option of fine of N20 million or both.(4) For the purpose of ascertaining whether or not a person possesses the supernatural powers under sub section 3 of this section, any such person suspected of misleading the public under sub section 3 of this section shall at the stage of investigation, be subjected to proof that he possesses such powers.(5) An investigation made by the police in respect of any offence under this section shall be forwarded to the Attorney General of the State for review and advice before the prosecution of any person suspected of having committed the offence.(1) Any person who uses any religious place for the involving the use commission or to aid the commission of any crime, of religious place commits an offence and is liable on conviction to imprisonment for a term of 6 years with an option of fine of N20 million or both.(2) Any religious place suspected of being used to commit or aid the commission of any crime may be sealed by the order of the Governor pending the conclusion of investigation. (3) If after the conclusion of investigation, there exists a prima facie case of the commission or aiding the commission of any crime in such place, any person found culpable shall be charged to court.(4) Where a person is charged to court under this section, the property or place involved shall where sealed, except unsealed by the order of the Governor, remain sealed until the determination of the charge or unless otherwise ordered by the court.20. Any person who performs or requires of any person the involving performance of any rituals involving human parts, commits human parts an offence and is liable on conviction to imprisonment for a term of 25 years without an option of fine.In most worship settings of the African Traditional Religion especially in Anambra State South-East Nigeria, the actions criminalized are forms of religious practices and ways of communing with the supernatural. The law however tactfully included the term “…in commission of any offense” to state that if those actions stated are made with the intent to commit an offense, the action will be criminal and such, persons involved will be charged to court. Another aspect that resonates is the provisions of S 20 which criminalizes use of human parts for rituals. This provision is laudable in the light of prevailing kidnapping and security threats in the state. Hence, any religious activity involving human parts is an offense and punishable.
RIGHT TO FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION
Having identified the legal framework of the Agunechemba Security outfit and the relevant sections relating to religious practices, it is imperative to analyze and dissect the Right to Freedom of Religion.The right to Freedom of thought, conscience and religion is one of the earliest rights to be recognized. This right gives the latitude to every person to change his belief and to manifest and propagate his religion in worships, teachings, practice and observance either alone or in concert with others. The Universal Declaration on Human Rights, UDHR and the International Covenant on Civil and Political Rights, ICCPR guarantees this right. Similarly, Article 8 of the African Charter on Human and Peoples Right provides for this right. In Nigeria, S38 of the 1999 constitution provides that:Every person shall be entitled to freedom of thought, conscience and religion or belief, and freedom (either alone or in community with others, and in public or in private) to manifest and propagate his religion or belief in worship, teaching, practice and observance.No person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if such instruction, ceremony or observance relates to a religion other than his own, or a religion other than his own, or a religion not approved by his parent or guardian.No religious community or denomination shall be prevented from providing religious instruction for pupils of that community nor denomination in any place of education maintained wholly by that community or denomination.Nothing in this section shall entitle any person to from, take part in the activity or be a member of secret society.In Adamu v AG Borno State, the appellants maintained that in a particular local government in Borno State, teachers who teach Islamic religion were paid but those who teach Christianity were not and children who were Christians were forced to attend Islamic classes against their will. The trial court dismissed the suit via a motion by the respondent that the subject matter falls under Chapter II of the constitution and as such is not justiciable. On appeal, the court sustained the suit as an action to enforce fundamental human rights. It also held that whilst trying to enforce educational objectives under Chapter II, a local authority should not infringe on the right to freedom of thought, conscience and religion and also freedom from discrimination. Also, in Agbai v Okogbue, the Apex Court held that since the religion of the respondent prohibited him from joining an age grade, any custom or practice which mandates/compels him to do so violates his right to religion.Hence, this right is an important right as it is one that deals with faith, one’s belief and matters of the supernatural; issues beyond the mundane world. More so, in a religious pluralist state like Nigeria, it is pertinent as well as imperative that this right should be protected and safeguarded.However, whilst this right is guaranteed, it should be consciously noted that it (just like every other right) must be checked and as such has some limitations. This is because without such limitations or check, it may be susceptible to abuse by people. Fundamentally, S 45 of the 1999 constitution is the omnibus section for the limitations of rights. This right may be restricted for the interest of defense, public safety, public order, public morality and health or for the purposes of protecting the rights of others. That is to say, where the practice or the enjoyment of this right is in jeopardy with public safety and morality of the society, the government is justified in limiting the exercise of this right. The court has affirmed this position in Dokubo – Asari v FRN where it held that fundamental rights can be suspended when national security is threatened. Similarly, the European Commission upheld the conviction of an applicant who objected to any form of motor insurance as he believed that a person’s destiny depends on God and should not be interfered with. This conviction was necessitated and justified as the compulsory insurance was a move to protect the right and freedom of others.To that effect, the Anambra State government is reasonably justified in positing and criminalizing certain religious practices if they are made with intent to commit a crime. This law became necessitated as there has been a prevailing line of deaths in the state. This is further worsened by the “Get-Rich-Quick” syndrome which is ravaging the average Nigerian youth. The pressure by the society to make money by whatever means has made a lot of persons to engage in illicit and unlawful acts and practices. The consequence of this trend is that people will not mind killing their fellow human beings as long as such ritual and sacrifice gives them wealth. It is however important to note that whilst the actions of the state government is justified, there has to be a check on the activities of the Agunechemba Security Outfit in other to avoid abuse and outright infringement of rights. It is the humble submission of the writer that whilst the security of the people is at stake and of paramount value, may we not throw caution to the wind and allow our indigenous culture and traditional modes of worship be infiltrated by any form of societal syndrome. There are some of these practices that forms part of our customary system and as such, they ought to be sustained.
CONCLUSION
The Anambra State Homeland Security Law, 2025 is a bold attempt by the state government to address insecurity and help curb certain social vices and syndromes. The law was made in a bid to protect public order and safety and to help protect public morality. The use of human parts for rituals is not only barbaric but also an attempt to deprive people of their right to life.The Governor is the Chief Security Officer of his state. Hence, the security of his state is of upmost priority as he risks a state of emergency if he does nothing. Every person has the right to practice whatever religion he wants, however, such practices must not contravene the law. The Agunechemba is a welcome initiative, but it is humbly submitted that it must be duly checked to avoid abuse.
Joel Obumneme Enebechi
Faculty of Law, Enugu State University of Science and TechnologyESUT.
enechijoel@gmail.com
