Kano State’s blasphemy laws have been declared a violation of international human rights by the ECOWAS Court of Justice, following a case filed by the Incorporated Trustees of Expression Now Human Rights Initiative. The human rights group argued that these laws in Kano State have led to severe abuses, including arbitrary arrests, prolonged detentions, and death sentences for alleged blasphemy.
The applicant contended that the enforcement of Kano’s blasphemy laws not only infringes upon the right to freedom of expression but also fuels vigilante violence, often resulting in mob killings. The ECOWAS Court’s three-member panel unanimously agreed, ruling that Section 210 of the Kano State Penal Code, criticized for its vagueness in defining religious insult, and Section 382(b) of the Kano State Sharia Penal Code Law (2000), which imposes the death penalty for insulting Prophet Muhammad, are incompatible with Nigeria’s obligations under international and regional human rights frameworks.
The regional court ordered the Federal Republic of Nigeria to repeal or amend these identified legal provisions and any similar laws to comply with Article 9(2) of the African Charter on Human and Peoples’ Rights. While the court recognized the state’s interest in public order and religious respect, it concluded that Kano’s laws failed to strike a necessary balance with individual rights. The court did not, however, find enough evidence to support claims of Nigeria’s failure to prevent mob violence in blasphemy cases.
