The ECOWAS Community Court of Justice has ruled that key blasphemy-related provisions in Kano State’s legal codes violate Nigeria’s international obligations on human rights, particularly the right to freedom of expression.
The judgment, delivered in the suit brought by the Incorporated Trustees of Expression Now Human Rights Initiative against the Federal Republic of Nigeria (ECW/CCJ/APP/41/23), found that Section 210 of the Kano State Penal Code and Section 382(b) of the Sharia Penal Code Law (2000) fall short of the protections guaranteed under both regional and international treaties to which Nigeria is a signatory.
In the unanimous ruling issued by a three-member panel—Justice Ricardo Gonçalves (President), Justice Sengu Koroma, and Justice Dupe Atoki—the court declared the provisions incompatible with Article 9(2) of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights.
“The vagueness of Section 210, which fails to clearly define what constitutes an insult to religion, does not meet the requirement of legal certainty under human rights law,” the court said in a statement released on Friday.
It added that “Section 382(b), which imposes the death penalty for alleged insults against the Prophet Muhammad, is excessive and disproportionate, and therefore unacceptable in a democratic society.”
While the court acknowledged that states have a legitimate interest in safeguarding public order and religious sensitivities, it maintained that this must be balanced with the protection of individual freedoms.
“These laws, as they currently stand, do not strike that necessary balance,” the panel ruled.
The human rights organisation that filed the case argued that the implementation of the laws has resulted in systemic abuses—including arbitrary arrests, prolonged detentions without trial, and death sentences. They further claimed that the laws fuel vigilante actions and mob killings of alleged blasphemers.
However, the court declined to hold the Nigerian government liable for failing to prevent such mob violence, citing insufficient evidence. “Media reports alone are inadequate to meet the legal standard of proof required,” the court stated.
In its final orders, the ECOWAS Court directed the Nigerian government to take concrete steps toward aligning the Kano State provisions with international legal norms.
“The Court affirms its jurisdiction over the case and finds the application admissible insofar as it pertains to freedom of expression. It therefore orders the Federal Republic of Nigeria to repeal or amend the identified sections of the Kano State Penal and Sharia Penal Codes and any similar laws to conform with the African Charter,” the judgment concluded.
