In a landmark ruling, the ECOWAS Community Court of Justice has declared key blasphemy provisions in Kano State’s legal system incompatible with Nigeria’s international human rights obligations.
The case (Incorporated Trustees of Expression Now Human Rights Initiative v. Federal Republic of Nigeria, ECW/CCJ/APP/41/23) centered on laws that have enabled arbitrary arrests, detentions, and death sentences for alleged blasphemy. The Nigerian NGO behind the suit presented evidence of vigilante violence, including mob killings, tied to blasphemy accusations.
While the Court affirmed its jurisdiction under Article 9(4) of its Protocol, it limited its review to freedom of expression claims, dismissing arguments on rights to life and religious freedom as inadmissible for public interest litigation.
Key Findings:
- Section 210 of Kano’s Penal Code was struck down for vagueness, failing to define “religious insult” with required legal precision.
- Section 382(b) of Kano’s Sharia Penal Code, which mandates death for insulting the Prophet Muhammad, was ruled “excessive and disproportionate” in a democratic society.
- The Court acknowledged states’ right to protect public order but found the laws violated legality, necessity, and proportionality under the African Charter on Human and Peoples’ Rights and the ICCPR.
- Claims of state complicity in blasphemy-related mob violence were dismissed due to insufficient evidence.
Judges:
- Hon. Justice Ricardo Cláudio Monteiro Gonçalves (Presiding)
- Hon. Justice Sengu Mohamed Koroma
- Hon. Justice Dupe Atoki (Rapporteur)
The ruling sets a critical precedent for human rights protections in West Africa, challenging laws that suppress free expression under religious pretexts.
