ECOWAS Court Strikes Down Nigerian Blasphemy Laws as Incompatible with Human Rights Standards

FCT, Abuja – In a landmark judgment, the Community Court of Justice of the Economic Community of West African States (ECOWAS) has ruled that blasphemy provisions in Kano State law violate Nigeria’s international human rights commitments. The court’s decision in the case of Incorporated Trustees of Expression Now Human Rights Initiative v. Federal Republic of Nigeria (ECW/CCJ/APP/41/23) marks a significant milestone in the ongoing debate about freedom of expression and human rights in Nigeria.

Background of the Case
The Incorporated Trustees of Expression Now Human Rights Initiative, a Nigerian NGO, filed a public interest case challenging blasphemy laws that have led to serious human rights concerns across Nigeria. The organization 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 Court’s Ruling
The ECOWAS Court confirmed its jurisdiction to hear the case and declared the application admissible only as it concerns the right to freedom of expression. In its ruling, the court struck down two key blasphemy provisions in Kano State law as violations of international human rights standards.

• Section 210 of the Kano State Penal Code: The court found this provision to be vague, failing to provide clear guidance on what constitutes religious insult. As a result, it lacks the legal precision required under international human rights standards.
• Section 382(b) of the Kano State Sharia Penal Code Law (2000): The court declared this provision, which imposes the death penalty for insulting the Prophet Muhammad, as “excessive and disproportionate” in a democratic society.

Implications of the Ruling
The court’s decision has significant implications for Nigeria’s human rights landscape. The ruling:

• Upholds freedom of expression: The court’s decision reinforces the importance of freedom of expression, a fundamental human right that is essential for a healthy democracy.
• Protects citizens from arbitrary arrest and detention: By striking down blasphemy provisions that are incompatible with human rights standards, the court has taken a crucial step towards protecting citizens from arbitrary arrest and detention.
• Promotes human rights and the rule of law: The court’s ruling promotes human rights and the rule of law, essential components of a just and equitable society.

Court Orders
The ECOWAS Court has ordered the Federal Republic of Nigeria to:

• Repeal or amend the identified legal provisions: The court has ordered Nigeria to repeal or amend Section 210 of the Kano State Penal Code and Section 382(b) of the Kano State Sharia Penal Code Law (2000) to align with Article 9(2) of the African Charter on Human and Peoples’ Rights.
• Align with international human rights standards: The court’s ruling requires Nigeria to ensure that its laws and policies are compatible with international human rights standards, promoting a culture of respect for human rights and the rule of law.

Conclusion
The ECOWAS Court’s ruling is a significant victory for human rights in Nigeria. The court’s decision reinforces the importance of freedom of expression and promotes human rights and the rule of law. As Nigeria moves forward, it is essential that the government takes steps to repeal or amend laws that are incompatible with human rights standards, promoting a culture of respect for human rights and the rule of law.