ECOWAS Court Rules Kano Blasphemy Laws Violate Human Rights
The ECOWAS Court of Justice has declared that Kano State’s blasphemy laws contravene Nigeria’s international human rights obligations.
In a judgment delivered in the case filed by the Incorporated Trustees of Expression Now Human Rights Initiative against the Federal Republic of Nigeria (ECW/CCJ/APP/41/23), the court ruled that key sections of Kano’s Penal Code and Sharia Penal Code are inconsistent with global and regional human rights standards.
The human rights group had challenged the legality of the blasphemy laws, citing cases of arbitrary arrests, prolonged detentions, and even death sentences. It argued that the laws infringe on freedom of expression and fuel vigilante violence, sometimes leading to mob killings of those accused of blasphemy.
A statement on Friday from the court said a three-member judicial panel comprising the President of the Court, Justice Ricardo Gonçalves (Presiding Judge), Justice Sengu Koroma, and Justice Dupe Atoki, in a unanimous ruling, held that two provisions — Section 210 of the Kano State Penal Code and Section 382(b) of the Kano State Sharia Penal Code Law (2000) — violated the right to freedom of expression as guaranteed under Article 9(2) of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights.
“Section 210 was criticised for its vagueness, as it fails to clearly define what constitutes an insult to religion, falling short of the legal clarity required under human rights law.
“Section 382(b), which prescribes the death penalty for insulting the Prophet Muhammad, was ruled excessive and disproportionate in a democratic society,” the statement added.
While recognising the importance of maintaining public order and respect for religious sentiments, the court held that such concerns must not override individuals’ fundamental freedoms — a balance it said Kano laws failed to uphold.
The court, however, did not find sufficient evidence to support allegations that the Nigerian state had failed to prevent mob violence related to blasphemy accusations, stating that media reports alone did not meet the legal threshold of proof.
The court ordered the Nigerian government to repeal or amend the relevant provisions and similar laws to align with international legal standards.
“Accordingly, the Court: Declared that it has jurisdiction to hear the case;
“Declared the application admissible only as it concerns the right to freedom of expression;
“Declared that Section 210 of the Kano State Penal Code and Section 382(b) of the Kano State Sharia Penal Code Law (2000) are incompatible with Nigeria’s obligations to protect freedom of expression;
“Ordered the Federal Republic of Nigeria to repeal or amend the identified legal provisions and similar laws to align with Article 9(2) of the African Charter.”
Titilope Adako is a talented and intrepid journalist, dedicated to shedding light on the untold stories of Osun State and Nigeria. Through incisive reporting, she tackles a broad spectrum of topics, from politics and social justice to culture and entertainment, with a commitment to accuracy, empathy, and inspiring positive change.
