Oluwatobi Ibukunmi
Traditionalist in kwara state, Nigeria have commenced a fundamental rights enforcement suit before a Federal High Court in Ikoyi, Lagos, against the Inspector-General of Police (IGP) and others over the alleged violation of their fundamental rights.
According to Olukoya Ogungbeje the defendants who file in the suit numbered FHC/L/CS/1674/2023 against Kwara State Police Commissioner, the State Government, Registered Trustees of the Council of Ulama (Islamic Clerics), Justice Salihu Mohammed (Executive Secretary of the Council of Ulama), Sheikh (Dr) Mohammed Bashir Saliu (Chief Imam of Ilorin and Chairman of the Council of Ulama), Alfa Abdulsalam Baba Tonile Okuta-Agidu, Kwara State Magistrate Court in Ilorin, and the Nigerian Correctional Service (NCoS) in Ilorin.
The alleged saying he is suing all the respondents in the public interest on behalf of traditionalist in Nigeria, according to freedom of religion, thoughts, belief, and conscience in Section 36, 38, 42, and 46 of the Constitution of the Federal Republic of Nigeria 1999, Order II Rules 1 and 2 of the Fundamental Rights (Enforcement Procedure) Rules 2009, Order XI of the Fundamental Rights (Enforcement Procedure) Rules 2009, and under the court’s inherent jurisdiction as imbued by Section 6(6)(b) of the Constitution.
the fundamental rights to freedom of religion guaranteed under Section 38 of the Constitution extend to traditional religion adherents who are citizens of the Federal Republic of Nigeria and can enjoy the freedom of religion, practice their religion, and celebrate cultural festivals without any let or hitch by the respondents in any part or State in Nigeria.
the stoping of the Isese cultural festival slated for 20 of August, 2023, at the yemoja river bank oko-olowo and the arrest, and remand of traditional religion adherents and worshippers by the respondents without any cause and under the guise of defamation of character, do not constitute a brazen violation of traditional religion.
the above questions are answered affirmatively, the stop of the world Isese cultural festival and the arrest, arraignment, and remand of traditional religion adherents as Nigerian citizens is not a violent violation of the rights to a fair hearing and right to freedom of religion, as enshrined under Sections 36 and 38 of the Constitution of the Federal Republic of Nigeria, and ought not to be deprecated and declared unconstitutional.”
This case is premised on the lingering religious controversy in Kwara State regarding the refusal of Islamic groups and clerics in Ilorin to allow traditional religion practitioners to hold their festival in the city.
This was based on the recently arrest of Adegbola Abdulazeez, a traditional religion practitioner and activist, also known as Talolorun, who was arrested and remanded in jail by a Magistrate Court in Kwara State for allegedly insulting Islamic clerics and burning of Quran.