Alleged religious discrimination: Agbakoba sues AGF, National Assembly

Lagos based front line human rights lawyer and Senior Advocate of Nigeria (SAN), Olisa Agbakoba has instituted a suit before a Federal High Court sitting in Ikoyi, Lagos to challenge what he termed the discriminatory position of the Marriage Act and Matrimonial Causes Act to his Christian beliefs in marriage.
Agbakoba who also held sway as President of the Nigerian Bar Association (NBA), in his suit designated FHC/L/CS/1550/2014 is also challenging what he termed the unconstitutional restriction and interference with his rights to religious freedom and freedom from religious discrimination by the state through the Marriage Act and Matrimonial Causes Act contrary to Section 38 and 42 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
The SAN who joined the Attorney-General of the Federation (AGF) and National Assembly as 1st & 2nd respondents in a fundamental rights suit, maintained that he is a christian and is entitled under the Constitution to conduct his marriage in accordance with Cannon law.
He further contended that the state, through the Marriage Act and Matrimonial Causes Act has compelled him to conduct a secular marriage contrary to his faith/belief.
Agbakoba argued that, he wants to, like adherents of other faiths such as African Traditional Religion and Islam, resolve his marriage disputes in courts manned by persons knowledgeable in Cannon law, but he is compelled by the state through the Marriage Act and the Matrimonial Causes Act to use secular courts manned by persons with little or no knowledge of Cannon law.
The former NBA boss in his Originating Motion brought pursuant to Sections 1 and 46 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and order II of the fundamental rights (enforcement procedure) rules 2009, and signed by Counsel to the former NBA boss, Babatunde Ogungbamila argued that, "As a Christian, I am compelled to use High courts for the resolution of religious disputes but Nigerians of other religious faiths/beliefs, principally African Traditional Religion (ATR) and Islam, have Islamic and Customary Courts to adjudicate their religious matters.
"My religion forbids me to approach secular courts for resolution of religious disputes. But I am constrained to use the secular High Courts which are manned by persons of little or no knowledge of Christian religion or Jurisprudence, for adjudication of my religious matters.
"I feel unhappy and discriminated against because the State did not create the avenue for me to practice and observe the tenets of my religion.
"The narrative in this Affidavit causes me great emotional, mental’ moral, psychological, religious and spiritual torment. They vilely inhibit my exercise of my religious freedom and undermine my Christian/Catholic persona. They threaten the destiny of my soul."
Besides, the senior lawyer also wants, "A declaration that Sections 21 to 26, 33(2)(a) & (b) of the Marriage Act and Section 15(1) & (2) of the Matrimonial Causes Act interfere with and impede the Applicant’s right to freedom of thought, conscience and rereligion.
"A Declaration that Sections 21 to 26, 33(2)(a)&(b) of the Marriage Act and Section 2 of the Matrimonial Causes Act violates the Applicant’s fundamental right to freedom from discrimination.
"A declaration that Sections 21 to 26, 33(2)(a)&(b) of the Marriage Act and Section 2 of the Matrimonial Causes Act are inconsistent with Sections 38(1) and 42(1)(a) of the Constitution therefore null and void, to the extent that they purport to regulate and confer validity on the Applicant’s Christian mamarriage.
"A declaration that non provision of Courts exercising jurisdiction in Applicant’s religious affairs is discriminatory against the Applicant as a Christian and therefore contravenes Section 42 of the Constitution which guarantees Applicant’s right to freedom from discrimination."
Agbakoba consequently hinged his argument on the fact that, "Section 38 (1) of the Constitution guarantees Applicant right to freedom of thought, conscience and religion and right to manifest and propagate his religion or belief in worship, teaching, practice and observance.
"Sections 21 to 26, 33(2)(a) & (b) of the Marriage Act and Section 15(1) & (2) of the Matrimonial Causes Act purport to regulate and confer validity on the Applicant’s Christian marriage solemnised according to the doctrine, traditions and marriage rites of the Holy Roman Catholic Church.
"The Applicant’s desires to conscientiously practice and manifest the teaching, practice and observance of his Catholic faith has been and is being restricted by Sections 21 to 26, 33(2)(a) & (b) of the Marriage Act and Section 15(1) & (2) of the Matrimonial Causes Act.
"Sections 21 to 26, 33(2)(a) & (b) of the Marriage Act and Section 15(1) & (2) of the Matrimonial Causes Act is inconsistent with Section 38 (1) of the Constitution.
"Nigeria is a multi-religious country with three major religions Christianity, Islam and African Traditional Religion. And Section 42 (1)(a) of the Constitution guarantees Applicant’s right to freedom from discriminating on grounds of religion.
"Marriages of other Nigerians conducted under Islamic and African Traditional Religion are not regulated by the Marriage Act and Matrimonial Causes Act.
"Also Nigerians of other faith have specialised Courts exercising jurisdiction in their religious affairs, but there are no Courts exercising jurisdiction in Applicant’s religious affairs. Applicant is compelled to use High Courts for resolution of religious disputes."
The human rights lawyer therefore wants the court to determine, "Whether the Marriage Act and the Matrimonial Causes Act, especially Sections 21 to 26, 33(2)(a) & (b) and Section 15(1) & (2) do not violate the Applicant’s right to freedom of thought, conscience and religion guaranteed by the CoConstitution.
"Whether Sections 21 to 26, 33(2)(a)&(b) of the Marriage Act and Section 2 of the Matrimonial Causes Act are not inconsistent with Sections 38(1) and 42(1)(a) of the Constitution, to the extent that they purport to regulate and confer validity on the Applicant’s Christian marriage, therefore null and void to the extent of the ininconsistency.
"Whether the non-provision of Courts exercising jurisdiction in Applicant’s religious affairs does not amount to discrimination against the Applicant within the meaning of Section 46 of the Nigerian Constitution."