The Kano State Government has rejected the recent judgement of the ECOWAS Court of Justice, which declared the state’s blasphemy laws inconsistent with international human rights standards
In its April 9 verdict, the ECOWAS Court ruled that Kano’s application of blasphemy laws under the Sharia Penal Code and Penal Code Law violated the right to freedom of expression, as protected under regional and international legal frameworks. The court directed the Federal Government of Nigeria to amend or repeal the provisions to align with Article 9(2) of the African Charter on Human and Peoples’ Rights.
Reacting to the judgement, the Kano State Government reaffirmed its commitment to upholding fundamental rights and the rule of law, but maintained it has a “constitutional and moral obligation to uphold religious sanctity, maintain public order, and preserve the faithful values of its predominantly Muslim population.”
Commissioner for Information and Internal Affairs, Ibrahim Garba Waiya, speaking through his media aide Bashir A. Bashir, emphasized that Kano’s blasphemy laws are grounded in constitutional authority. “Section 4(7) of the 1999 Constitution empowers State Houses of Assembly to legislate on matters within the Concurrent Legislative List, including criminal law,” he said. “Kano State’s Sharia Penal Code (2000), including Section 382(b), was enacted in compliance with the Constitution and with full legislative authority and popular mandate.”
The state government argued that Nigeria’s legal pluralism allows sub-national governments to legislate based on social, cultural, and religious realities. “This is not an aberration but a recognition of legal pluralism, a hallmark of Nigeria’s federal system,” the statement said.
While the ECOWAS Court based its decision on freedom of expression, the Kano State Government countered that such freedoms are not absolute. “It is a settled principle of both domestic and international law that freedom of expression is not limitless,” the statement added.
Quoting Articles 19(3) and 20(2) of the International Covenant on Civil and Political Rights (ICCPR), the state said international law permits restrictions to protect public order, morality, and the rights of others. The government also referenced the European Court of Human Rights’ ruling in Wingrove v. UK (1996), which upheld Britain’s blasphemy laws under Article 10 of the European Convention on Human Rights.
“Hence, Nigeria—and by extension, Kano State—has every right to restrict expressions that offend deeply held religious beliefs, particularly those concerning the Prophet Muhammad (SAW), whose honour is held inviolable in Islam,” it stated.
The Kano State Government also questioned the legal authority of the ECOWAS Court within Nigeria’s constitutional framework. “The ECOWAS Court does not have supremacy over Nigeria’s Constitution,” it said, citing Section 1(3) which declares any inconsistent law or decision null and void. It further referenced SERAP v. Federal Republic of Nigeria (2010) to argue that international court decisions are unenforceable without domestication by the National Assembly, as required by Section 12 of the Constitution.
While strongly defending its legal framework, the government acknowledged the need for safeguards against abuse. “All blasphemy prosecutions are now subjected to rigorous legal scrutiny and must be approved by the Attorney General before trial,” it noted. “No arrest should occur without credible evidence and legal justification.”
To strengthen due process and religious harmony, the government said it is organizing judicial training and expanding interfaith dialogue. “We must ensure that religious laws are not enforced through mob justice or personal vendetta, but through proper judicial and legal institutions,” it stated.
Reiterating its stance, the government concluded, “We will not allow religious liberty to be weaponized as a cover for sacrilege, insult, and provocation.”
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