One of the rights that is conspicuously provided in the Nigerian constitution is the right to choose and worship whatever you want to worship or take as your god, in as much as you are not hurting anyone or inflicting pain on another in the exercise of this your right of worship.
The constitution of the federal republic of Nigeria in section 38 has armed every citizen of Nigeria with the right to either be a Christain or a Muslim or a Jewish or even a traditionalist or to join any other religion you can think of.
But the bugging question always from the traditional worshippers is, “does this right of them choosing to be traditionalists extend to them being witches or wizards or practicing witchcraft or wizardry in Nigeria”?
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Just like it is said that in every general rule there are exceptions so also in every right and liberty provided by the constitution or in whichever law there is, there are restrictions and limitations to those rights. This right to freedom to be a traditional worshiper does not extend to you being a witch or wizard or dealer in black magic or voodoo in the guise of you having the liberties to choose whatever you want to worship as your god.
Being a traditionalist is legal in Nigeria but once you cross the threshold of being a mere traditionalist who only bows to Ogun, Orumole or Amadioha or any other god to a wizard or witch you are now committing a criminal offense because witchcraft and wizardry and black magic are criminalized in our statute.
Section 210 of the criminal code act hereby provides
Offenses in relation to witchcraft and juju
Any person who?
(a) by his statements or actions represents himself to be a witch or to have the power of witchcraft; or
(b) accuses or threatens to accuse any person with being a witch or with having the power of witchcraft; or
(c) makes or sells or uses, or assists or takes part in making or selling or using or has in his possession or represents himself to be in possession of any juju, drug or charm which is intended to be used or reported to possess the power to prevent or delay any person from doing an act which such person has a legal right to do, or to compel any person to do an act which such person has a legal right to refrain from doing, or which is alleged or reported to possess the power of causing any natural phenomenon or any disease or epidemic; or
(d) directs or controls or presides at or is present at or takes part in the worship or invocation of any juju which is prohibited by an order of the President or the Governor of a State; or
(e) is in possession of or has control over any human remains which are used or are intended to be used in connection with the worship or invocation of any juju; or
(f) makes or uses or assists in making or using, or has in his possession anything whatsoever the making, use or possession of which has been prohibited by an order as being or believed to be associated with human sacrifice or other unlawful practice,
is guilty of misdemeanor and is liable to imprisonment for two years.
Therefore, Section 210 of the criminal code is a restriction and limitation to the fundamental human right provided in Section 38 of the constitution, and on this ground, the practice of witchcraft or wizardry as a religion in Nigeria is criminalized and anybody found engaging in such practices is liable to at least two years jail terms.