YEJIDE GBENGA-OGUNDARE explores the provisions of Chapter 19 of the Criminal Code Act in terms of offences relating to religious worship, insult to a religion, offering violence to officiating ministers of religion and disturbing religious worship.
Bobade lives in a residential area in Ibadan, but since he moved into his home, he has not had a peaceful night or morning; this is because his next door neigbour had turned his sitting room into a church and the noise from services held at night and early in the morning, especially during vigils, did not allow him a peaceful sleep. He had complained and held series of dialogue with his neigbour to no avail and had been tagged a demon who wanted to disturb God’s work.
This went on for months until one day, he couldn’t take it any longer; his blood pressure was up from lack of sleep and he had been given the day off so he could rest. But getting home, his neigbour was holding a deliverance service and there was no way to rest. He took a cutlass, went to his neigbour’s house and dispersed the congregation violently. This self-help became a problem as Bobade was accused of flouting many laws including the freedom of religion as entrenched in Section 38 of the Constitution of the Federal Republic of Nigeria 1999 and other Human Rights Instruments.
Noise pollution is one of the fastest-growing environmental concerns in the world and Nigeria is not an exception as noise from religious activities has become a peculiar and predominant menace suffered quietly by people.
But while the exercise of the right to freedom of religion is guaranteed, Bobade had argued that religious practices are not expected to disturb the peace of the environment or cause any public health disturbance, reasoning that when it becomes a disturbance to the quiet enjoyment of other’s property, it amounts to actionable nuisance that attracts the sanction of law.
But this is not the only offence Bobade was alleged to have committed. He was equally said to have committed other offences by disturbing a religious gathering and preventing the pastor from doing his assignment.
The offences he was alleged to have committed were provided for under Chapter 19 of the Criminal Code Act of Nigeria.
Chapter 19 of the Criminal Code Act of Nigeria
Chapter 19 of the Criminal Code Act of Nigeria borders on offences relating to religious worship. It has three sections relating to the issue under consideration; Section 204 deals with insult to a religion, Section 205 talks about offering violence to officiating ministers of religion and Section 206 talks about disturbing religious worship; all these sections also made provisions for penalty.
In Nigeria, freedom of worship is guaranteed and as a result, it is an offence to prevent a Pastor, Imam or other ministers of any religion from lawfully officiating in their place of worship. Also, it is an offence to disrupt any meeting in churches, mosques and or other meeting of persons lawfully assembled for worship.
These offences have penalties ranging from two months to two years imprisonment. Section 38 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Section 205 and 206 of the Criminal Code Act are relevant too.
Section 204, the Nigerian Criminal Code Act
Insult to a religion:
Any person who does an act which any class of persons considers as a public insult on their religion, with the intention that they should consider the act such an insult, and any person who does an unlawful act with the knowledge that any class of persons will consider it such an insult, is guilty of a misdemeanor and is liable to imprisonment for two years.
Section 205 of the Nigerian Criminal Code Act
Offering violence to officiating ministers of religion:
Any person who by threats or force prevents or attempts to prevent any minister of religion from lawfully officiating in any place of religious worship, or from performing his duty in the lawful burial of the dead in any cemetery or other burial place; or by threats or force obstructs or attempts to obstruct, any minister of religion while so officiating or performing his duty; or assaults, or, upon or under the pretence of executing any civil process, arrests any minister of religion who is engaged in, or is, to the knowledge of the offender, about to engage in, any of the offices or duties aforesaid, or who is, to the knowledge of the offender, going to perform the same or returning from the performance thereof, is guilty of a misdemeanour and is liable to imprisonment for two years.
Section 206 of the Nigerian Criminal Code Act
Disturbing religious worship:
Any person who willfully and without lawful justification or excuse, the proof of which lies on him, disquiets, or disturbs any meeting of persons lawfully assembled for religious worship, or assaults any person lawfully officiating at any such meeting, or any of the persons there assembled, is guilty of a simple offence and is liable to imprisonment for two months or to a fine of ten naira.
Other laws
There are other laws in existence in Nigeria that may apply to religious gatherings. They include:
Section 416
Breaking into a place of worship with the intent to commit a felony is a felony and can lead to up to seven years in prison.
Section 249
Anyone who behaves in a way that could cause a breach of the peace in a public place is considered idle and disorderly and can be arrested without a warrant. They can be imprisoned for up to one month. ...Read Full Article >>➤
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