₦airaland Forum

ECOWAS Court orders Nigeria to amend or repeal blasphemy laws

The court declared Section 382(b) of the Kano State Sharia Penal Code Law (2000), which imposes the death penalty for insulting the Prophet Muhammad, as "excessive and disproportionate" in a democratic society.


The ECOWAS Court of Justice has ruled that the blasphemy laws in Nigeria violate freedom of expression protections guaranteed under regional and international human rights instruments.

A press release from the court on Friday said the court, in a landmark judgement delivered on 9 April (Wednesday), ruled that the existence of such laws is against Nigeria’s international human rights commitments.

Ruling on a case filed by a civil society organisation, the Expression Now Human Rights Initiative, specifically challenging Kano State’s version of the law, the court declared that section 210 of the state’s Penal Code and section 382(b) of its Sharia Penal Code Law (2000) criminalising blasphemy are incompatible with Nigeria’s obligations to protect freedom of expression.

The court’s three-member bench led by Rcardo Cláudio Monteiro Gonçalves struck down the two legal provisions in the Kano State laws, and ordered the Federal Republic of Nigeria to repeal or amend the identified legal provisions and similar laws in Nigeria to align with Article 9(2) of the African Charter.

The Nigeria’s federal government, sued as the sole defendant in the suit, does not have a role in the lawmaking process in states under Nigeria’s federal system, but can only push for necessary legal reforms at that level of government through political solutions.

The two other members of the panel of judges are Sengu Mohamed Koroma (member) and Dupe Atoki, the judge rapporteur, who delivered the court’s unanimous decision.

Blasphemy laws in Nigeria
The judgement highlights concerns over the violation of human rights in blasphemy cases in Nigeria, referencing international conventions and the Nigerian constitution, which guarantees freedom of religion and expression.

Blasphemy laws are deeply entrenched religious issues with social and political contexts in many of the states of the conservative northern Nigeria.

The laws are in force in at least 12 of the 19 northern states.

In Kano, like other states, the law criminalises words or expression, written or verbal, by means of gesture, which show or demonstrate any form of contempt or abuse against the Holy Qur’an or any Prophet shall.

Critics have said the laws pose a significant risk to religious freedom for Nigerians and those who express unpopular or dissenting beliefs, worldviews, or religious interpretations in the states where the laws are in place.

On many occasions, some people have been mobbed to death under vigilante justice for making blasphemous comments.

In 2022, Deborah Samuel, a student of Shehu Shagari College of Education, Sokoto State, was roasted alive by her fellow students on campus for making comments purported to be blasphemous in a class WhatsApp platform.

Others have been sentenced to death or are facing trials on blasphemy charges.

Yahaya Sharif-Aminu, a singer in his 20s, was sentenced to death by hanging by an Upper Sharia Court in Kano State in August 2020 for allegedly making derogatory remarks about Prophet Muhammad in a song.

But on appeal instituted by the convict, the Kano State High Court in January 2021 quashed his conviction and sentence because his trial at the Sharia court was characterised by procedural irregularities. On that basis, the court ordered his retrial.

Similarly, in August 2022, the Court of Appeal in Kano upheld the decision of the Kano State High Court by quashing Mr Sharif-Aminu’s conviction and ordering his retrial.

The case is currently pending before Nigeria’s Supreme Court, with Mr Sharif-Aminu still in detention under reportedly deteriorating health conditions.

Proponents of the blasphemy laws have argued that they prevent actions or speech that could incite religious tensions or violence and safeguard the dignity and sanctity of religious beliefs, ensuring that followers of various faiths feel respected and protected, thereby maintaining peace in a multi-religious society like Nigeria.

Although blasphemy laws are not enforced nationwide but only in specific states that have enacted them, Nigerian courts have on different occasions affirmed that these laws are consistent with the Nigerian constitution.

The Court of Appeal and the Supreme Court have validated the conviction of some blasphemy convicts on the legal basis that making of law for the maintenance of law and order is the joint responsibility of both the National and the State Houses of Assembly.

Recently, the Kano Division of the Court of Appeal affirmed the conviction of Abdulazeed Dauda by the Shariah Court, Rijiyar Lemo, Kano, for use of blasphemous words against Prophet Muhammad and inciting an uprising and arson.

However, the arguments in favour of blasphemy laws are often countered by concerns about freedom of expression guaranteed by the Nigerian constitution and international conventions and the potential misuse of such laws.

In February, the European Parliament passed a resolution calling on Nigerian authorities to immediately release Yahaya Sharif-Aminu, a musician sentenced to death for blasphemy in Kano State.

EU Parliament also demanded that the government repeal blasphemy laws that contradict the country’s constitutional and international human rights obligations.

Lead-up to ECOWAS Court judgement
The incorporated trustees of Expression Now Human Rights Initiative, a civil society group, filed its public interest case challenging blasphemy laws that have led to serious human rights concerns in Nigeria.

The organisation documented cases where individuals faced arbitrary arrest, detention, and death sentences merely for alleged blasphemous expression.

The application also highlighted incidents of vigilante justice, where accused persons were killed by mobs with apparent impunity.


The organisation contended that Nigeria failed in its obligation to protect citizens’ fundamental rights to life, religious freedom, and freedom of expression by maintaining these laws and failing to prevent related violence.

Why ECOWAS Court strikes down Kano blasphemy laws
Deciding on the case on merit, the ECOWAS Court struck down two key blasphemy provisions in Kano State law as violations of international human rights standards.

The Court specifically identified Section 210 of the Kano State Penal Code as vague, failing to provide clear guidance on what constitutes religious insult and therefore lacking the legal precision required under international human rights standards.

The Court further declared Section 382(b) of the Kano State Sharia Penal Code Law (2000), which imposes the death penalty for insulting the Prophet Muhammad, as “excessive and disproportionate” in a democratic society.

Though recognising states’ legitimate interest in maintaining public order and respecting religious beliefs, the court determined that these laws fail the established human rights tests of legality, necessity, and proportionality under both Article 9(2) of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights (ICCPR).

Regarding allegations of state failure to prevent blasphemy-related mob violence, the court found insufficient evidence to support these claims, noting that media reports without additional corroboration did not meet the required standard of proof.

Earlier in its ruling on the preliminary objection against the suit by the Nigerian government, the ECOWAS Court confirmed its jurisdiction to hear the case under its established mandate in Article 9(4) of its Protocol to address human rights violations within member states.

While accepting jurisdiction, the court narrowed the scope of the challenge, permitting only the freedom of expression claims to proceed.

Claims regarding rights to life and religious freedom were deemed inadmissible as private rights that cannot be pursued through public interest litigation.

JAMO84:
So, insulting prophet Mohammed is part of freedom of expression?

If there's one thing I hate about being a Muslim, it is Islam forbidding me from insulting Jesus. If we can insult Jesus like those filts insult Mohammed, there would have been no need to get physical.

Blasphemy will continue to be dangerous, whether you all like it or not. Even Jesus was crucified for blasphemy, but I guess most Christians don't even know that.

Just keep your miserable opinions about other people's religion to yourselves, and everyone will be fine.

JAMO84:
So, insulting prophet Mohammed is part of freedom of expression?

If there's one thing I hate about being a Muslim, it is Islam forbidding me from insulting Jesus. If we can insult Jesus like those filts insult Mohammed, there would have been no need to get physical.

Blasphemy will continue to be dangerous, whether you all like it or not. Even Jesus was crucified for blasphemy, but I guess most Christians don't even know that.

Just keep your miserable opinions about other people's religion to yourselves, and everyone will be fine.

JAMO84:
Jesus said to them, "If God were your Father, you would love Me, for I proceeded forth and came from God; nor have I come of Myself, but He sent Me. - John 8:42


The bible verse I quoted above was a direct quotation of Jesus. He himself said that he was sent by God, he never called himself God directly.
It's you the lost souls in christedom who are blaspheming God by equating him with human who uses the toilet, cried, eat and drink water.
We Muslims did not call Jesus what he didn't call himself.


You Nigerian Christians are never going to beat the allegations of insulting Islam. In this your useless post, how many times you insulted Mohammad?

As you continue running your mouth, you will do it where they will kpai you one day, and nothing will happen. Just social media noise as usual.

JAMO84:
So, insulting prophet Mohammed is part of freedom of expression?

If there's one thing I hate about being a Muslim, it is Islam forbidding me from insulting Jesus. If we can insult Jesus like those filts insult Mohammed, there would have been no need to get physical.

Blasphemy will continue to be dangerous, whether you all like it or not. Even Jesus was crucified for blasphemy, but I guess most Christians don't even know that.

Just keep your miserable opinions about other people's religion to yourselves, and everyone will be fine.

JAMO84:
Jesus said to them, "If God were your Father, you would love Me, for I proceeded forth and came from God; nor have I come of Myself, but He sent Me. - John 8:42


The bible verse I quoted above was a direct quotation of Jesus. He himself said that he was sent by God, he never called himself God directly.
It's you the lost souls in christedom who are blaspheming God by equating him with human who uses the toilet, cried, eat and drink water.
We Muslims did not call Jesus what he didn't call himself.


You Nigerian Christians are never going to beat the allegations of insulting Islam. In this your useless post, how many times you insulted Mohammad?

As you continue running your mouth, you will do it where they will kpai you one day, and nothing will happen. Just social media noise as usual.

JAMO84:
.

Just keep your miserable opinions about other people's religion to yourselves, and everyone will be fine.

JAMO84:
So, insulting prophet Mohammed is part of freedom of expression?

If there's one thing I hate about being a Muslim, it is Islam forbidding me from insulting Jesus. If we can insult Jesus like those filts insult Mohammed, there would have been no need to get physical.

Blasphemy will continue to be dangerous, whether you all like it or not. Even Jesus was crucified for blasphemy, but I guess most Christians don't even know that.

Just keep your miserable opinions about other people's religion to yourselves, and everyone will be fine.

Kobolander:
Though highly sensitive and inflatable issue, societal belief system cannot be wished away or set aside with such abandonment as being suggested by the body or organisation.

Know your differences and learn to respect it.

sreamsense:
It is because you don't really understand the passage you quoted to the context. Is it not Jesus that says this too: in John 10:30, Jesus says, "I and the Father are one. He is claiming equality with God. Philippians 2:5-8, describes Jesus as being in the form of God and equal with God. John 8:58 of same chapter you quoted: Jesus says, "Before Abraham was born, I am!", that is to tell you Jesus is God. He said he is the Alpha (beginning) and Omega (Ending) which is the attribute of only God. Also, in John 20:28, when "Thomas said to Jesus, 'My Lord and my God. Did you see Jesus rejecting Thomas calling Him God?

Quran calls Jesus the Word and Spirit of God which Bible also confirmed in John 1:1: "In the beginning was the Word, and the Word was with God, and the Word was God". Jesus is the Word(according to Quran and Bible) from beginning, that Word is God according to the Bible. Jesus came directly from Heaven and when he finished His work on earth, he ascended back to heaven where he came from. However, Mohammad returned back to dust and buried in Medina. So, Jesus is God who came in form of a man to carry out a mission that old prophet had prophesied about. It will make more sense to you if you read the entire chapter and if you understand the concept of Trinity in Christianity.

Even if you read the whole chapter, it reveals the characteristics and attributes of Mohammad as being from Satan as Jesus pointed out in verse 44.

John 8:44
"Your father is the devil, and you do exactly what he wants. He has always been a murderer and a liar. There is no truth in him. So when he lies, it’s consistent with his character. He’s a liar and the father of lies.

Jesus says if you are a murderer, you are of the devil. Islamic terrorists are murderers, they are of the devil. Mohammad you called your prophets killed many as narrated in many hadith and Quran.
In January 624, Muhammad ordered 'Asma' bint Marwan killed for opposing Muhammad with provoked him with poetry. In February 624, Muhammad ordered the killing of the Jewish poet Abu Afak for opposing Muhammad through poetry. A captive of the Battle of Badr (March 624), Al Nadr ibn al-Harith was killed for mocking the Qur'an as "tales of the ancients".

Muhammad beheaded Abu 'Azzah 'Amr bin 'Abd Allah al-Jumahi because he was a prisoner of War captured during the Invasion of Hamra al-Asad, that Muhammad released once, but he took up arms against him again. Muhammad killed Muawiyah bin Al Mugheerah, because he was accused by Muhammad of being a spy. Since those who reject Islam after accepting it should be punished, Muhammad had Al-Harith bin Suwayd killed. Muhammad ordered the Banu Qurayza Tribe to be killed and all of the males over the age of puberty were beheaded and the women were taken as sex captives.

Muhammad killed many and had hundreds ordered to their death. As he grew older it was clear that anyone who insulted him or opposed him would be ordered to die. So, tell me where Mohammad belongs as Jesus pointed out. Satan or who? You can see why your language is always about "...kpai you.."; it is because you belong to Satan where Mohammad belong.

Mohammad was also a liar. Mohammed admitted he got the satanic verses after satan decieved him. Satan cast lies into the mouth of Mohammad. So, you can see he is a liar, and Jesus had pointed out that murderer and liars are from the Satan. So you know where Mohammad came from now and Islamic terrorists known as soldiers of Allah are murdering people on daily basis because they are working for Satan as Jesus pointed.

In verse 46, Jesus asked important question: Can any of you accuse me of sin? Even Quran and Bible couldn't accuse Jesus of any sin, but that of Mohammad plenty. Mohammad can not say that because his sins plenty. Jesus has two nature: human and devine natures. When Jesus was talking in the verse you quoted, he was talking as fully man that came for a mission but proving his devine origin to have come as a man to this world as many true prophets had prophesied earlier.

Remember, Mohammad can't prove to us he came from God directly. Mohammad throughout his life time never saw Allah for once. Even he didn't know the angel that appeared to him, it was someone that put word into his mouth that maybe he saw angel Gabriel. However, behaviour of angel Gabriel was very different from that of Jubril was telling Mohammad to marry 6yrs old premature girl