The Community Court of Justice of the Economic Community of West African States (ECOWAS) has ruled that the blasphemy laws in Kano State violate international human rights commitments.
In a case brought by the Incorporated Trustees of Expression Now Human Rights Initiative against the Federal Republic of Nigeria (ECW/CCJ/APP/41/23), the court found that key provisions of Kano State’s Penal and Sharia Penal Codes are incompatible with Nigeria’s obligations under international and regional human rights frameworks.
The plaintiffs argued that these blasphemy laws have led to serious human rights violations, including arbitrary arrests, prolonged detention, and even death sentences.
The group contended that the enforcement of these laws infringes on the right to freedom of expression and incites vigilante violence, often resulting in mob killings of those accused of blasphemy.
In a statement released on Friday, a three-member judicial panel, including President Justice Ricardo Gonçalves, Justice Sengu Koroma, and Justice Dupe Atoki, unanimously ruled that two specific provisions—Section 210 of the Kano State Penal Code and Section 382(b) of the Kano State Sharia Penal Code Law (2000)—violate the right to freedom of expression as guaranteed by Article 9(2) of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights.
The court criticized Section 210 for its vagueness, stating it fails to clearly define what constitutes an insult to religion, lacking the legal clarity required under human rights law. Section 382(b), which prescribes the death penalty for insulting the Prophet Muhammad, was deemed excessive and disproportionate in a democratic society.
While the court acknowledged the state’s interest in maintaining public order and respecting religious beliefs, it emphasized that these interests must be balanced against individuals’ fundamental rights—a balance that the laws of Kano State do not achieve.
However, the court did not find sufficient evidence to support claims that the Nigerian government had failed to prevent mob violence related to blasphemy accusations, noting that media reports alone did not meet the required legal standard.
The court ordered the Nigerian government to repeal or amend the relevant provisions to align with international legal standards.
