Ban on Bus Preaching and Megaphonic ‘Adhan’ vs Breach of Religious Freedom

The Nigerian Senate recently introduced the Federal Road Safety Corps Amendment Bill, which proposes a ₦50,000 fine for anyone found preaching, trading, or hawking inside commercial transport vehicles. This legislation is primarily aimed at reducing driver distractions and enhancing road safety; however, it still requires presidential approval to become law.

Lawmakers argue that the rule aims to limit noisy and physical disruptions in moving vehicles, protect passenger safety, and reduce road accidents. A separate concern has emerged regarding a potential ban on Muslims' call to prayer through loudspeakers. This raises an important constitutional question: does the regulation of religious activities by the government constitute an unconstitutional interference with fundamental rights, particularly freedom of thought, religion, and expression?

Two issues need to be considered separately: the proposed restriction on preaching in commercial buses and the potential prohibition or severe restriction of the Muslim call to prayer (adhan). The first issue relates to the current Nigerian Federal Road Safety controversy concerning preaching in commercial vehicles. The second issue will be analyzed as a constitutional hypothetical, distinguishing it from the Federal Road Safety controversy.

It is crucial to note that Section 10 of the 1999 Nigerian Constitution, as amended, prohibits the government from adopting any religion. This provision is often disregarded by all levels of government, making anything related to religion a sensitive issue in Nigeria.