The ECOWAS Court of Justice has directed the Nigerian government to enforce a ruling striking down key blasphemy provisions in Kano State’s penal codes, citing violations of international free expression standards.
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The writ of execution, dated September 23, 2025, and received by Nigeria’s Federal Ministry of Justice on October 6, stems from judgment ECW/CCJ/JUD/20/25 in suit ECW/CCJ/APP/41/23. Filed by the civil society group Expression Now Human Rights Initiative, the case challenged Sections 210 of the Kano State Penal Code and 382(b) of the Kano State Sharia Penal Code Law (2000). These laws criminalize “blasphemous” expressions against the Quran or Prophet Muhammad, often punishable by death.
Delivered on April 9, 2025, the court’s three-judge panel, presided over by President Ricardo Cláudio Monteiro Gonçalves, declared the provisions “vague,” “excessive,” and “disproportionate.” They conflict with Article 9(2) of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights (ICCPR), to which Nigeria is bound. The ruling mandates repeal or amendment of these sections and similar laws nationwide to align with global standards, while ensuring protections against mob violence and arbitrary detentions.
Expression Now documented harrowing cases, including vigilante killings and death sentences for alleged blasphemy. High-profile incidents include:
- Deborah Samuel (2022): A Sokoto college student lynched and burned by classmates over WhatsApp comments deemed blasphemous.
- Yahaya Sharif-Aminu (2020–present): A Kano singer sentenced to death for a song; convictions were quashed twice on procedural grounds, but his Supreme Court appeal lingers amid reported health decline in detention.
Blasphemy laws persist in at least 12 of Nigeria’s 19 northern states, rooted in conservative Sharia interpretations. Proponents argue they preserve religious harmony in a multi-faith nation, deterring incitement. Critics, however, decry them as tools for suppressing dissent, with Nigerian courts historically upholding them as constitutional. The ECOWAS ruling challenges this, emphasizing that while states may regulate public order, penalties must pass tests of legality, necessity, and proportionality.
The court dismissed claims of state complicity in mob violence due to insufficient evidence but affirmed its jurisdiction over free expression issues, rejecting broader life and religious freedom arguments as unfit for public-interest suits.
Signed by Chief Registrar Yaouza Ouro-Sama, the writ invokes Article 24(2) of the ECOWAS Court Protocol, requiring enforcement via Nigeria’s domestic rules. The Attorney-General of the Federation (AGF) must oversee implementation and report compliance. Suspension is possible only by the court itself.
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