A Supreme Court Justice nominee, Hafisata Amaleboba has said there is no compulsion when students are made to practise different faith in Catholic schools.
According to her, any student before attending a Catholic school is informed about the code of conduct, practices of the school and the conditions required of them.
In many cases, some students with Islamic faith attend Christian schools and have no option than to comply with the Christian faith of these schools and vice versa.
There are even instances where students with Christian background but different denominations are made to worship with a denomination different from what they believe in.
Such issues have been related to a breach of Article 21 (1)(c) of the Constitution which stipulates that; all persons shall have the right to freedom to practice any religion and to manifest such practice.
But Justice Hafisata Amaleboba holds a contrasting view in relation to the matter.
During her vetting by the Appointments Committee on Wednesday, June 18, 2025, she argued that by accepting admission and attending a Catholic school, students have “voluntarily” agreed to the code of conduct and practices of the school, hence must follow suit.
Citing example about a Catholic secondary school, she noted that any student by virtue of accepting admission to such a school has “voluntarily” agreed to the code of conduct of the school, therefore it does not amount to “compulsion” to practice a faith that is against his or her religious belief.
“Rights are not absolute, every right has its limitations including being limited by the rights of others and the public interest.
“So for me if you are in a Catholic school, having chosen a catholic school, knowing it is a catholic school and you are in a Catholic school and the code of conduct requires that you do certain things and you were informed prior to it and you still chose to attend, then to me that is not compulsion.
“Because you were made aware and were informed that if you come to this school, this would be our code of conduct, then you chose to go to the school so it is not a compulsion but a voluntary act.
“You took that voluntary decision to attend the Catholic school,” she explained.
However, the Court of Appeals Judge suggested that in respect of Article 21(1)(c) schools could create opportunities for other students to practice their faith alongside complying with the school’s practice.
She further emphasized that where such act is considered to be a violation of human rights, redress could be sought in court.
“The school is not compelling you or insisting you to do anything that you have not voluntarily agreed to do already by attending the school because you are told beforehand that this is what you would do if you attend the school.
“But if you are of the view that it is a compulsion, I believe there is a forum for that so the matter can be taken up for a decision to guide us,” she added.
