In a suit filed by the Incorporated Trustees of Expression Now Human Rights Initiative, marked ECW/CCJ/APP/41/23, the court found that specific sections of Kano’s Penal and Sharia Penal Codes violate the right to freedom of expression as protected by regional and international treaties.
The ECOWAS Community Court of Justice has delivered a landmark judgment declaring Kano State’s blasphemy laws unconstitutional under international human rights standards, ordering the Nigerian government to repeal or amend the provisions.
In a suit filed by the Incorporated Trustees of Expression Now Human Rights Initiative, marked ECW/CCJ/APP/41/23, the court found that specific sections of Kano’s Penal and Sharia Penal Codes violate the right to freedom of expression as protected by regional and international treaties.
The court ruled that Section 210 of the Kano State Penal Code and Section 382(b) of the Kano State Sharia Penal Code Law (2000) are incompatible 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.
A three-member judicial panel — comprising Justice Ricardo Gonçalves (President), Justice Sengu Koroma, and Justice Dupe Atoki — delivered the unanimous ruling on Friday.
The judgment comes amid growing concerns over the use of blasphemy laws to suppress dissent and target religious minorities.
The human rights group argued that these laws have led to arbitrary arrests, prolonged detention, and death sentences, while also fueling vigilante violence and mob justice.
The ruling now places pressure on the Nigerian government to ensure compliance by amending or repealing the offending laws to align with its international human rights obligations.
Section 210 was criticised for its vagueness, as it fails to clearly define what constitutes an insult to religion, falling short of the legal clarity required under human rights law.
“Section 382(b), which prescribes the death penalty for insulting the Prophet Muhammad, was ruled excessive and disproportionate in a democratic society,” the statement added.
While the Court acknowledged states interest in maintaining public order and respecting religious sensibilities, it noted that such interests must be balanced against individuals’ fundamental rights – a balance Kano’s laws failed to achieve.
The Court, however, did not find sufficient evidence to support allegations that the Nigerian state had failed to prevent mob violence related to blasphemy accusations, stating that media reports alone did not meet the legal threshold of proof.
The Court ordered the Nigerian government to repeal or amend the relevant provisions and similar laws to align with international legal standards.
“Accordingly, the Court declared that it has jurisdiction to hear the case; Declared the application admissible only as it concerns the right to freedom of expression;
“Declared that Section 210 of the Kano State Penal Code and Section 382(b) of the Kano State Sharia Penal Code Law (2000) are incompatible with Nigeria’s obligations to protect freedom of expression;
“Ordered the Federal Republic of Nigeria to repeal or amend the identified legal provisions and similar laws to align with Article 9(2) of the African Charter.”
