In a landmark decision, the Community Court of Justice of the Economic Community of West African States (ECOWAS) has declared that Kano State’s blasphemy laws infringe on international human rights obligations. This ruling, made in response to a case filed by the Incorporated Trustees of Expression Now Human Rights Initiative, highlights the need for Nigeria to align its legal frameworks with global standards on freedom of expression.
The court specifically identified two provisions—Section 210 of the Kano State Penal Code and Section 382(b) of the Kano State Sharia Penal Code Law (2000)—as being in violation of the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights. Section 210 was criticized for its vagueness, failing to clearly define what constitutes an insult to religion, while Section 382(b) was deemed excessive for prescribing the death penalty for insulting the Prophet Muhammad.
This ruling comes amidst broader international pressure, with the European Parliament also calling for the repeal of Nigeria’s blasphemy laws. The EU has expressed concern over human rights abuses in blasphemy cases, advocating for the release of individuals facing such charges and urging Nigeria to abolish the death penalty.
The ECOWAS Court’s decision underscores the importance of balancing public order and religious sensitivities with individual rights. While acknowledging states’ interests in maintaining order, the court emphasized that these must be balanced against fundamental human rights—a balance Kano’s laws failed to achieve. The ruling orders Nigeria to repeal or amend the offending provisions to align with international legal standards, marking a significant step towards ensuring that Nigeria’s legal system respects human rights.
This development highlights the ongoing challenges in reconciling religious laws with international human rights standards in Nigeria. As the country navigates these complex issues, it is crucial to engage in dialogue that respects both religious values and individual freedoms, ensuring a more inclusive and just society for all citizens.
