The Community Court of Justice of the Economic Community of West African States (ECOWAS) has ruled that Kano State’s blasphemy laws breach international human rights obligations. The case, brought by the Incorporated Trustees of Expression Now Human Rights Initiative, challenged sections of Kano’s Penal and Sharia Penal Codes, citing human rights abuses such as arbitrary arrests, prolonged detention, and death sentences for alleged blasphemy.
In its judgment, the three-member panel of Justices Ricardo Gonçalves, Sengu Koroma, and Dupe Atoki found that Section 210 of the Kano State Penal Code and Section 382(b) of the Sharia Penal Code (2000) violated the right to freedom of expression, as protected under 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 Court criticized Section 210 for its vagueness and lack of clear definitions, while deeming Section 382(b), which imposes the death penalty for insulting the Prophet Muhammad, excessive and disproportionate in a democratic society. While recognizing the importance of public order and respect for religious beliefs, the Court emphasized that these concerns must be balanced with individual rights—a balance Kano’s laws failed to achieve.
The Court ordered the Nigerian government to repeal or amend the relevant laws to align with international human rights standards. However, it found insufficient evidence to support claims that the government failed to prevent mob violence related to blasphemy accusations.