The Community Court of Justice of the Economic Community of West African States (ECOWAS) has ruled that sections of Kano State’s blasphemy laws violate international human rights obligations, particularly the right to freedom of expression.
In a landmark judgment on Friday, the court declared that Section 210 of the Kano State Penal Code and Section 382(b) of the Sharia Penal Code Law (2000) are incompatible with Nigeria’s international legal commitments. The case was filed by the Incorporated Trustees of Expression Now Human Rights Initiative against the Federal Republic of Nigeria, marked ECW/CCJ/APP/41/23.
According to the ECOWAS court, “Section 210 was criticised for its vagueness, as it fails to clearly define what constitutes an insult to religion, falling short of the legal clarity required under human rights law.”
A three-member panel led by the Court’s President, Justice Ricardo Gonçalves, along with Justice Sengu Koroma and Justice Dupe Atoki, found that the blasphemy laws led to “arbitrary arrests, prolonged detention, and in some cases, death sentences.”
The court particularly highlighted Section 382(b), which prescribes the death penalty for insulting the Prophet Muhammad, calling it “excessive and disproportionate in a democratic society.”
While the court acknowledged the state’s interest in preserving public order and respecting religious beliefs, it stressed that this must be “balanced against individuals’ fundamental rights—a balance Kano’s laws failed to achieve.”
Although the applicant claimed the laws also encouraged mob violence, the court found that “media reports alone did not meet the legal threshold of proof” for state failure in preventing such acts.
In its final judgment, the court ordered Nigeria to “repeal or amend the identified legal provisions and similar laws to align with Article 9(2) of the African Charter.”
The case underscores ongoing tensions between state-enforced religious codes and international human rights standards, particularly in Northern Nigeria where Sharia law operates alongside civil law.