THE ECOWAS Court of Justice has declared two blasphemy provisions in Kano State’s legal framework unlawful, ruling that they infringe upon the fundamental right to freedom of expression. In a landmark decision delivered on April 9, the regional court found that the statutes breached Nigeria’s commitments under both the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights (ICCPR).
The court’s three-member panel, led by Judge Ricardo Cláudio Monteiro Gonçalves, found that Section 210 of the Kano Penal Code and Section 382(b) of the state’s Sharia Penal Code Law (2000) are incompatible with international human rights law. It ordered Nigeria’s federal government to work towards repealing or amending these and similar laws nationwide.
The case was brought by the civil society group Expression Now Human Rights Initiative, which challenged the legality of Kano’s blasphemy statutes, arguing they have been used to silence dissent and punish individuals for expressing their beliefs.
Legal inconsistencies and harsh penalties flagged
The ECOWAS Court found that Section 210, which criminalises showing contempt for religion, lacked the necessary legal clarity to be enforceable under international standards. Meanwhile, Section 382(b), which imposes the death penalty for insulting Prophet Muhammad, was ruled to be ‘excessive and disproportionate’ in a democratic society.
Although the Nigerian federal government was named the sole defendant, the court acknowledged its limited legislative powers over state laws. Nonetheless, it urged federal authorities to promote reforms at the state level to ensure alignment with human rights obligations.
Repercussions of religious laws in northern Nigeria
Blasphemy laws remain active in at least 12 northern Nigerian states, where Sharia law operates in parallel with civil law. These laws are controversial and have drawn international criticism, particularly when enforcement has led to death sentences or mob violence.
One such case is that of Yahaya Sharif-Aminu, a young singer sentenced to death in 2020 for allegedly insulting the Prophet Muhammad in a song. Although his conviction was later quashed due to procedural flaws, his retrial is ongoing, and he remains in detention amid concerns about his health.
The 2022 lynching of Deborah Samuel, a college student in Sokoto State accused of blasphemy, further underscored the volatile nature of these laws. She was burned alive by classmates after making controversial religious comments in a WhatsApp group.
Calls for reform grow louder
Supporters of the blasphemy laws argue they help maintain religious harmony and prevent incitement in Nigeria’s multi-faith society. However, rights advocates insist the laws are frequently misused and infringe on constitutionally guaranteed freedoms.
Despite prior support from Nigerian courts, which upheld blasphemy convictions on constitutional grounds, the ECOWAS Court ruling signals a shift. The decision places Nigeria under international pressure to reform its blasphemy statutes to meet global human rights norms.
In February 2025, the European Parliament also called for Sharif-Aminu’s release and urged Nigeria to scrap laws that violate free speech rights.
Landmark case pushes for accountability
The legal challenge by Expression Now Human Rights Initiative documented multiple cases of human rights abuses tied to the enforcement of blasphemy laws — from arbitrary arrests to mob killings. The group argued that Nigeria has failed to protect its citizens’ fundamental rights by allowing such statutes to persist.
While the ECOWAS Court dismissed claims of official complicity in mob violence due to insufficient evidence, its core ruling sent a strong message: religious sensitivities must not override the universal right to express one’s beliefs without fear of death or imprisonment.
This judgment, which compels Nigeria to align its laws with regional and global human rights standards, could pave the way for significant legal reforms in the country and broader West African region.
