The Economic Circle of West African States (ECOWAS) Community Court ruled that blasphemy provisions under the law of Kano State violated Nigeria’s international human rights obligations.
The judgment concluded that these laws violated the right to freedom of expression, namely, regional and global human rights treaties in which Nigeria is the signator.
The case was proposed by the Nigerian NGO on the Real Human Rights Initiative (ENHRI) of the Nigerian NGO in the Federal Republic of Nigeria. The NGO believes that blasphemy laws across the country, especially in Kano State, have resulted in arbitrary arrests, prolonged detention, and even death sentences for individuals accused of blasphemy.
In a panel composed of judges Ricardo Gonçalves, Sengu Koroma and Dupe Atoki, the court ruled that Article 210 of the Criminal Code of the State of Kano was vague and lacked the legal clarity required by international human rights standards. It further ruled that Article 382(b) of the Kano State Sharia Act (2000) stipulates the death penalty for insulting the Prophet Muhammad, which is both excessive and disproportionate, but fails to meet acceptable standards in democratic societies.
The court declared that both legal provisions were incompatible with Nigeria’s obligation to maintain freedom of expression and ordered the federal government to repeal or amend the law to comply with Article 9(2) of the Rights of Humanity and People. While recognizing the State’s interests in preserving public order and respecting religious beliefs, the Court emphasized that under the African Charter and the International Covenant on Civil and Political Rights (ICCPR), the law failed to pass the test of legality, necessity and proportionality.
Although the court rejected allegations that the state could not prevent mob violence related to blasphemy due to insufficient evidence, it declared a case of breach of the right to free speech. It confirmed its jurisdiction and found that Kano law was inconsistent with Nigerian obligations under international human rights law.
The verdict came after high-profile cases such as Mubarak Bala. Barra was tried in Kano and was sentenced to 24 years in prison in 2022 on 18 charges for blasphemy and incitement. His case has attracted global attention and condemnation from human rights groups that focus on freedom of belief and freedom of expression in Nigeria. After four years behind, Bala was released in January 2025 after a successful appeal reduced sentence.
