ECOWAS Blasphemy Laws Ruling: Nigeria Must Align Kano Law with Human Rights
The ECOWAS blasphemy laws ruling has sparked renewed debate on religious expression in Nigeria. On April 9, the regional court ruled that Kano State’s blasphemy laws — including the death penalty for insulting the Prophet Muhammad — are in breach of international human rights law.
This follows a case brought by the Expression Now Human Rights Initiative, which challenged Section 210 and Section 382(b) of the Kano State Penal and Sharia Codes.
Court: Kano’s Blasphemy Laws Violate Legal Proportionality
According to the ECOWAS Court, both sections of Kano’s law failed the tests of legality, necessity, and proportionality under the African Charter on Human and Peoples’ Rights.
Judge Rcardo Cláudio Monteiro Gonçalves, alongside Justices Dupe Atoki and Sengu Mohamed Koroma, ruled that criminalizing expressions perceived as blasphemy — and attaching capital punishment — is not acceptable in a democratic society.
Context Behind ECOWAS Blasphemy Laws Ruling
The ECOWAS blasphemy laws ruling comes amid growing concern over cases like:
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Deborah Samuel (2022) – lynched in Sokoto for WhatsApp messages
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Yahaya Sharif-Aminu (2020) – sentenced to death for song lyrics
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Abdulazeed Dauda (2023) – convicted for inciting religious tension in Kano
The European Parliament has also called on Nigeria to repeal these laws, citing violations of freedom of speech and religious liberty.
Federal vs State Responsibility
While blasphemy laws exist in 12 northern states, only state governments have legislative power to amend them. Still, the ECOWAS Court made it clear that the federal government bears the obligation to push for compliance with regional human rights norms.
“Disproportionate in a democratic society.”
– ECOWAS Court ruling on Kano’s death penalty for blasphemy
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