THE LAW: CROSS RIVER STATE GOVERNOR TO BAN PRAYERS IN PUBLIC & PRIVATE SCHOOLS!

THE LAW: CROSS RIVER STATE GOVERNOR TO BAN PRAYERS IN PUBLIC & PRIVATE SCHOOLS!
Words hitting the streets and raiding the internet most recently is the news that His Excellency, Prof. Ben Ayade the Executive Governor of Cross River State has directed that public and private schools should not hold prayers either during morning assembly or at anytime and that teachers should be dressed in suit always.
While there is yet a gazette or any official document released by the state government to confirm this rumour it is however pertinent to consider the propriety of such action within the ambits of our laws and in doing so the drafters of our Grundnorm must be commended for doing a fairly good job in this regard. This is because Sections 15(3), 17(3)(b), 23 and 38(1),(2)&(3) of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) have by combined effect sufficiently settled the matter. Let us now examine these provisions in seriatim:
15(3) For the purpose of promoting national integration, it shall be the duty of the state to:
(d) promote or encourage the formation of associations that cut across ethnic, linguistic, religious or other sectional barriers.

The import and purport of this provision is that both teachers and students/pupils have the right to form associations on religious basis and conduct their religious affairs in the school as extra curriculum activities in so far as it does not affect their job or studies as the case may be.
Thus, if the teachers and students or pupils are members of school fellowships or school religious associations the governor cannot by any means stop them from exercising this right. And the job of the state is to encourage this instead.
Let us now examine the next provision.
17(3). The state shall direct its policy towards ensuring that :
(b) conditions of work are just and humane, and that there are adequate facilities for leisure and for social, religious and cultural life.
In fact, it is not just a right on the part of the teachers and students/pupils to exercise their religious beliefs. It is the duty and obligation of the government to provide facilities for this and where the state government cannot it can not also stop them from helping themselves albeit legitimately. Facilities here would not just be an assembly hall or chapel but also laws and regulation (legislative facilities) to protect these rights.
Now, dress code may in some manner affect the culture of these staff and teachers since suit is western and one would expect the state government to encourage cultural or traditional wears among staff and students/pupils like private schools do.
It must however be point out that this latter provision is applicable to "Employees" not students/pupils because of the use of the phrase "condition of work". Now, it therefore becomes a matter of fact whether teachers praying with students every morning before they commence academic work falls within the ambits of "condition of work". It is submitted in the affirmative here because this is one of those activities that facilitate healthy "Teacher-Student/Pupil Rapport" which facilitates the class room work.
Let us now see section 23 of the constitution.
23:
"The national ethics shall be Discipline, Integrity, Dignity of Labour, Social Justice, Religious Tolerance, Self Reliance and Patriotism."
This sums it all. While discipline in terms of character and dress appearance is expected of the teachers their religious practices and that of the students/pupils must be moderated to accommodate and tolerate the nuances of others who are not part of their belief system.
Perhaps it is in this direction that the Academia Governor seeks to mould the state. This is because most times this religious practices are taken too far wittingly or unwittingly. In Cross River where the people are predominantly Christians it is assumed that every child in all the schools should comfortably pray in Christian mode without considerations for the minority muslim child who has hitherto been forced to pray like a Christian and there is probably no Islamic studies teacher for him or her to complete the curriculum. Even among the Christians there are sects like the Eckankar and Jehovah's Witnesses to mention a few whose doctrines do not practice praying the way others do and their religious right is being constantly truncated as if they do not matter. These category of religious worshippers would in all fairness not mind any law that proscribes public prayers which is also another breach of religious rights. Hence, need to strike a balance arises. In places like Lagos State Christian prayers are offered is some schools on Mondays, Wednesdays and Thursdays while Tuesdays and Fridays are for Muslim prayers. During these days these students are forced to say the same prayers. Christian and muslim children will say the Christian prayers or muslim prayers together as the case may be. In the end both faithfuls are made to see their respective religion as one , equal, similar but alternate avenues to one God. Still this is against the will of these children and also ignores others whose faith does not practice public prayers.
The foregoing submissions are predicated on the last above mentioned provisions of the constitution which reads thus:
38:
"(1). Every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his 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.
(2). No person attending any place of education shall be required to receive religious instruction or 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 not approved by his parent or guardian.
(3). No religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any place of education maintained wholly by that community or denomination."

This provisions personalise this religious right against any breach or threat of breach by any person or government and gives the one violated a cause of action in enforcement of his fundamental rights. This makes it a serious road where our noble Governor and erstwhile law maker is allegedly treading.
The law is clear and specific. Every person teacher or student/pupil is entitled to exercise their religious practices in public (schools, etc) or private (home, etc). The Governor's can only ask for regulation not proscription.
In regulation, the way and manner the prayers are done should accommodate, tolerate and recognise the rights of those with differing belief system. It should also not be mandatory. In this regard the parents or guardian will have to issue the relevant instruction. The fact that teachers stand in loco parentis is not enough to decide for a child without the parent or guardian consenting thereof.
Maybe forms indicating gender, nationality, state of origin, age, religion, physical disability, etc should also be made to include "belief exceptions" or "religious practices". The objective of this when enforced is to avoid forcing a child to pray in the way his religion or denomination does not or imposing the practice of another religion or denomination on a person who belongs to another religion or denomination. Extreme situations in this case would be when a teacher who attends Mountain of Fire and Miracle church would want to conduct deliverance in the name of disciplining a child for not shouting and being physical while he prays, or a Catholic Church teacher disciplining a pentecostal church child for speaking in tongues at the assembly hall or a Christ Embassy teacher punishing a child for not speaking in tongues of fire during prayers or Apostolic's teacher disciplining a child for not clapping thunders during praise and worship session  or a Church of Christ teacher prejudicing a child for clapping and singing during prayers. And other faiths and denominations with variant practices abound.
Be that as it may, it is conceded here that it would be unrealistic to attempt to arrange student/pupils according to their faiths or denominations during devotions in school. It is rather suggested that religious exercises be conducted with the greatest degree of civility. It is a matter of choice. Students/pupils should not be compelled to pray against their faith or denomination and if possible will.
Interestingly, the law even goes further to protect schools owned and/or run by religious communities or denomination to be run as they deem fit by their doctrines and/or faith without state interference except of course where it breaks a law. Consequently, the doctrine of "Volunteer Non Fit Injuria (A Volunteer Cannot Be Injured) will apply against a person who complains that his faith is being threatened by the curriculum in a school owned/run by a religious community or denomination. Even the constitution protects such school in this regard. The governor himself cannot trespass.
This is the most the government can do as anything contrary would be breaching people's rights and breaking the nation's laws. Incidentally, there is nothing even the state legislature can do about this because any such law they pass being inconsistent with these provisions of the constitution stands by virtue of Section 1(3) of the constitution null and void ab initio. The National Union of Teachers(NUT), Parents-Teachers Association (PTA) and Christian Lawyers' Association of Nigeria (CLASFON) should make this a critical aspect of their yearly sensitization programmes. Christians Association of Nigeria (CAN) and Pentecostal Fellowship of Nigeria (PFN) should add this to their activism. Parents should instruct their children to report any and every act of religious breaches whether on them or not to their parents who should in turn take active steps to address it. History has proven that just one tiny leak can sink a whole ship. Injustice anywhere breeds inhumanity everywhere.  
Now regarding the controversial issue of dress code for the teachers their terms and conditions of service as well as the Cross River State Civil Service Laws and Guidelines have settled that. It is a non issue.
N.B:
This work is inspired by the directive of the Governor of Cross River State to ban prayers in schools but the observations, submissions and recommendations are informed from general practices in states across Nigeria.

Okpo Ewa E.
Humanity Chambers,
Nigeria.
www.okpoewa.blogspot.com