ECOWAS Court Declares Kano State’s Blasphemy Laws in Violation of International Human Rights

• The ECOWAS court ruled that Kano state’s blasphemy laws violated international human rights standards, citing their incompatibility with freedom of expression guarantees
• Key provisions, including the death penalty for blasphemy, were deemed excessive and disproportionate in a democratic society
• The court ordered Nigeria to repeal or amend these laws to align with global human rights obligations

The Community Court of Justice of the Economic Community of West African States (ECOWAS) ruled that Kano state’s blasphemy laws contravened international human rights obligations.

In a landmark case filed by the Incorporated Trustees of Expression Now Human Rights Initiative against the Federal Republic of Nigeria, the court unanimously held that provisions in Kano state’s penal and Sharia penal codes violated Nigeria’s commitments under international human rights frameworks.

Key provisions—Section 210 of the Penal Code and Section 382(b) of the Sharia Penal Code—were criticised for their vagueness and excessive penalties, including death sentences for alleged insults to religion.

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Court's decision addresses freedom of expression

The three-member judicial panel, led by President Justice Ricardo Gonçalves and comprising Justice Sengu Koroma and Justice Dupe Atoki, ruled that these laws infringed upon 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.

Section 210 was deemed to lack legal clarity, while Section 382(b) prescribing the death penalty for blasphemy was found disproportionate in a democratic society.

Order to amend blasphemy provisions

Although the court acknowledged the need for states to maintain public order and respect religious sensibilities, it emphasised that these interests must align with individuals’ fundamental rights.

The court ordered the Nigerian government to repeal or amend the offending legal provisions to comply with international human rights standards.

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The ruling clarified the court’s jurisdiction, declaring the application admissible solely on matters concerning freedom of expression.

Impact of blasphemy law enforcement

The applicant highlighted serious human rights violations stemming from the enforcement of blasphemy laws, including arbitrary arrests, prolonged detentions, and vigilante violence resulting in mob killings.

While the court found no sufficient evidence to prove Nigeria’s failure to prevent such violence, it stressed that the laws themselves had encouraged these violations.

Kano state’s blasphemy laws, embedded in its Penal and Sharia Penal Codes, have been a subject of intense debate.

These laws prescribe severe penalties, including the death sentence for blasphemy, and have faced criticism for infringing on freedom of expression and encouraging vigilante violence.

Woman released after 19 months in prison for blasphemy

Legit.ng earlier reported that Rhoda Jatau, a Nigerian Christian and mother of five, has been fully acquitted after spending 19 months in prison on blasphemy charges.

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Jatau was arrested in May 2022 for allegedly sharing a "blasphemous" video on WhatsApp that condemned the murder of Nigerian Christian college student Deborah Emmanuel Yakubu, who had been stoned to death by her Muslim classmates.

The incident led to a mob attacking Jatau's neighborhood, after which she was charged under sections 114 (public disturbance) and 210 (religious insult) of the Bauchi State Penal Code.

Source: Legit.ng