A Federal High Court sitting in Lagos has rejected a lawsuit seeking to nullify the laws that set up National Hajj Commission of Nigeria (NAHCON) and Nigerian Christian Pilgrims Commission (NCPC).
Gatekeepers News reports that delivering judgment, Justice Akintayo Aluko ruled that the claimant failed to establish that the creation or operation of the two commissions violated any provision of the 1999 Constitution.
The case was instituted by Human Rights and Empowerment Project Ltd/Gte, which asked the court to declare the NAHCON Act and the NCPC Act unconstitutional.
The group argued that the commissions breached sections 10 and 42 of the constitution by allegedly promoting a state religion and discriminating against Nigerians of other faiths.
It also sought an order restraining the federal government from funding or subsidising Muslim and Christian pilgrimages.
In advancing its case, the applicant relied largely on newspaper reports, claiming that public funds were being channelled into religious activities and describing such spending as an improper use of taxpayers’ money.
During the hearing on October 9, 2025, counsel to the organisation urged the court to hold that government involvement in pilgrimages was unconstitutional and discriminatory.
NAHCON, however, told the court that pilgrims finance their participation through payments made to state Muslim pilgrims’ welfare boards, stressing that the federal government does not directly sponsor the Hajj.
Its counsel argued that the existence of the commissions did not amount to adopting a state religion and noted that the applicant failed to show that any individual or group had suffered a constitutional breach.
In his ruling, Justice Aluko examined sections 10 and 42 of the constitution, which prohibit the adoption of a state religion and guarantee freedom from discrimination.
He held that no credible evidence was placed before the court to show that the commissions’ existence amounted to a state religion or violated constitutional rights.
Addressing claims of misuse of public funds, the judge observed that the applicant’s own materials showed that the Lagos State Government saved about N4.5 billion over three years after halting pilgrimage sponsorship and redirected the funds to infrastructure development.
Justice Aluko also faulted the applicant’s reliance on media reports, describing them as hearsay that could not be admitted as evidence unless properly certified under the law.
He added that declaratory reliefs require “strong and convincing evidence,” which was absent in the case.
The judge said, “The law is settled that allegations founded on speculation or media reports cannot sustain a constitutional claim.”
The court subsequently dismissed the suit for lacking merit and made no order on costs, directing each party to bear its own expenses.
