The Economic Community of West African States (ECOWAS) Court of Justice ruled that blasphemy laws in Nigeria violate freedom of expression protections guaranteed under international and regional human rights treaties.
In a landmark judgement delivered on April 9th, the Court of Justice ruled that the existence of blasphemy laws violates Nigeria’s commitments to international human rights treaties and agreements.
The court ruled on a case filed by a civil society group, Expression Now Human Rights Initiative, which specifically challenged Kano State’s blasphemy law. It declared that Section 210 of the state’s Penal Code and Section 382(d) of its Sharia Penal Code Law of 2000, criminalizing blasphemy, contradict Nigeria’s obligations to freedom of expression.
The court’s three-member bench struck down the two legal provisions in Kano State’s laws and ordered the Federal Republic of Nigeria to either repeal or amend the identified legal provisions and similar laws in the country to align with Article 9(2) of the African Charter.
The Nigerian government, being the sole defendant in the suit, does not have a role in the lawmaking process in states under its federal system, but can only push for legal reform at that level through political solutions.
The judgment highlights concerns over the violation of human rights in blasphemy cases in Nigeria. Blasphemy laws are deeply entrenched religious issues with social and political contexts in many states in northern Nigeria, which are deeply conservative.
The Kano State attracted considerable media attention after Mubarak Bala, a Nigerian atheist and President of the Humanist Association of Nigeria, was arrested and imprisoned in 2020 for blasphemy and breach of public peace. He was initially sentenced to 24 years in prison after pleading guilty to 18 charges related to his Facebook post, but he was later freed in January this year.
In response to the judgment, the Kano state government defended its blasphemy laws against the verdict, asserting its right to uphold religious sanctity in its jurisdiction under the Nigerian Constitution.
Ibrahim Waiya, the Kano State Commissioner for Information and Internal Affairs, said the northern, Muslim-majority state will not yield, citing its legal authority to protect the values and beliefs of its people.
“We will not be deterred by external pressures. Our responsibility is to uphold the values of our society, which are grounded in religious and moral beliefs. While we respect international opinions, our laws are a reflection of our people’s will,“ he said.
“The Kano government’s defense is rooted in Nigeria’s federal system, where states retain the right to enact laws reflecting local social, moral, and religious contexts,“ Waiya added. “The people of Kano have entrusted us with the responsibility to maintain peace and protect their religious values. These laws are central to that mission, and they will remain firmly in place.“
Waiya added that while they acknowledge the ECOWAS Court of Justice’s verdict, he said the Kano state government will reaffirm its commitment to protect religious sanctity and public order within its borders.
The state also argued that its blasphemy laws are not an aberration, but a recognition of legal pluralism in Nigeria, where state legislatures are empowered to pass laws on matters within the state’s Concurrent Legislative List, including criminal law.
