ABSTRACT

This chapter assesses the Islamic Preaching Board Laws of Kano, Borno, and Niger States in relation to the Constitution of the Federal Republic of Nigeria and other democratic norms that relate to free exercise rights. It argues that these laws can succeed only insofar as they are compatible with the Constitution and other democratic norms that relate to free exercise of religion. The chapter proposes that the judicial mechanism used by the European Court of Human Rights (ECtHR) to review claims of infringement of free exercise is more suitable to the Nigerian environment than other alternatives such as that of the United States. With the European Convention on Human Rights (ECHR) framework in mind, it is clear that the current Islamic Religious Preaching Board Laws are deeply flawed. Another major problem is that the laws enable discriminatory practices because they lack criteria to determine the acceptability of religious preaching. In this sense, they are not 'prescribed by law'.