The Federal High Court in Lagos has dismissed a suit seeking to nullify the Acts establishing the Nigerian Christian Pilgrims Commission (NCPC) and the National Hajj Commission of Nigeria (NAHCON), affirming the constitutionality of government-backed religious pilgrimage bodies.
Justice Akintayo Aluko, in a judgment delivered on Monday, held that the applicant, Human Rights and Empowerment Project Ltd/Gte, failed to place credible evidence before the court to prove that the statutes violated Sections 10 and 42 of the 1999 Constitution (as amended), which prohibit the adoption of a state religion and guarantee freedom from discrimination.
The applicant had approached the court on October 17, 2024, seeking declarations that the NCPC and NAHCON Acts were unconstitutional and an order restraining the Federal Government from funding or subsidising Christian and Muslim pilgrimages.
It argued that such sponsorship amounted to discrimination against adherents of other faiths and constituted an indirect adoption of state religion.
In pressing its case, the group relied largely on newspaper reports to contend that public funds were being misapplied to religious activities, thereby breaching constitutional safeguards. It also alleged violations of the right to freedom from discrimination under Section 42.
However, Justice Aluko faulted the approach, describing the reliance on media publications as inadequate and legally weak. He stressed that newspaper reports amount to hearsay unless properly certified and cannot, on their own, sustain declaratory reliefs, which require strong and convincing proof.
During the hearing on October 9, 2025, counsel for the applicant urged the court to hold that limiting government support to Christian and Muslim pilgrims was discriminatory.
But NAHCON, listed as the fourth respondent, countered that Hajj operations were funded directly by intending pilgrims through state Muslim Pilgrims Welfare Boards, not from public coffers.
NAHCON’s counsel further argued that the mere existence of the commissions did not translate to the adoption of a state religion and that the applicant failed to identify any specific group whose constitutional rights had been infringed.
In resolving the issues, the court examined Sections 10 and 42 of the Constitution and found no evidence that the establishment or operation of the commissions amounted to state religion or discrimination.
On the question of public funds, the court noted that the applicant’s own exhibits showed that Lagos State had saved about N4.5bn over three years after stopping pilgrimage sponsorship, with the funds redirected to infrastructure development.
Justice Aluko emphasised that allegations rooted in speculation or media commentary, without concrete proof, could not ground a constitutional claim. He consequently dismissed the suit in its entirety, ruling that it lacked merit and substance.
The judgment effectively reinforces the legality of the NCPC and NAHCON and affirms the authority of government-established religious commissions within Nigeria’s constitutional framework.
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