In a landmark decision, the ECOWAS Court of Justice has determined that Kano State’s blasphemy laws violate human rights, particularly the right to freedom of expression. This ruling stemmed from a case brought by the Expression Now Human Rights Initiative against Nigeria, which revealed that specific provisions within Kano’s legal framework contradict international and regional human rights treaties.
A panel led by President Ricardo Gonçalves unanimously condemned Section 210 of the Penal Code and Section 382(b) of the Sharia Penal Code for undermining freedom of expression as protected by both the African Charter and the International Covenant on Civil and Political Rights. The court highlighted that Section 210 lacks clarity in defining what constitutes an insult to religion, which fails to meet legal standards.
Additionally, the court found Section 382(b), which imposes the death penalty for insulting the Prophet Muhammad, as excessively harsh. While acknowledging a government’s responsibility to maintain public order and protect religious sentiments, the judges stressed that this responsibility should not infringe upon individual rights.
The Expression Now Human Rights Initiative asserted that these laws have led to serious human rights violations, including arbitrary detentions and even death sentences. The court, however, noted that while there have been incidents of mob violence related to these laws, media reports alone did not sufficiently prove that the Nigerian government failed in its duty to prevent such violence.
In light of this ruling, the ECOWAS Court has ordered Nigeria to amend or repeal the contentious laws to align with international obligations. The court’s statement concluded by affirming its jurisdiction over the case and confirmed that the provisions in question are incompatible with Nigeria’s commitments under the African Charter.
The ECOWAS Court has ruled that Kano State’s blasphemy laws violate human rights, specifically the right to freedom of expression. The court found two provisions incompatible with international treaties and ordered Nigeria to amend or repeal them. This decision highlights the need for laws to respect individual rights and comply with global human rights standards.
The ECOWAS Court’s ruling marks a significant triumph for human rights advocates, underscoring the paramount importance of freedom of expression. By mandating the repeal or reform of Kano State’s blasphemy laws, the court has reaffirmed that legal frameworks must respect individual rights and adhere to international human rights standards. This decision paves the way for potentially transformative changes in Nigeria’s approach to blasphemy laws and human rights protections.
Original Source: businessday.ng
