ECOWAS Court presses Nigeria to enforce ruling abolishing blasphemy laws

The ECOWAS Community Court of Justice has formally requested the Nigerian government to enforce its judgment declaring blasphemy laws in the country unlawful.

In a writ of execution issued by the court’s chief registrar, Yaouza Ouro-Sama, the court urged Abuja to comply with its earlier ruling, which found sections of Kano State’s criminal laws inconsistent with Nigeria’s human rights obligations.

The court had previously held that Section 210 of the Kano State Penal Code and Section 382(b) of the state’s Sharia Penal Code Law of 2000 violate Article 9(2) of the African Charter on Human and Peoples’ Rights, which guarantees freedom of expression.

It ordered the federal government to repeal or amend these provisions, alongside any similar laws, to bring them in line with the African Charter and Article 19 of the International Covenant on Civil and Political Rights (ICCPR).

The case was filed in October 2023 by digital rights lawyer and human rights advocate, Solomon Okedara.

He challenged what he described as repeated abuses linked to blasphemy allegations in Nigeria, including arbitrary arrests, unlawful prosecutions, imprisonment and even death sentences.

He also faulted the government’s failure to prevent mob killings of citizens accused of blasphemy.

These, he argued, violated Nigeria’s obligations under the ACHPR, ICCPR, the UN Convention Against Torture (UNCAT) and other international treaties.

Nigeria, which has ratified and domesticated the African Charter as local law, argued in its defence that the challenged statutes were state laws rather than federal legislation.

It contended that any dispute concerning their constitutionality should be handled by Nigerian courts, not by the ECOWAS Court, and asked for the case to be dismissed for lack of jurisdiction and merit.

The ECOWAS Court rejected these arguments.

It ruled that it had the authority to hear the case, particularly where domestic laws conflict with international human rights commitments.

The court affirmed that the Kano blasphemy provisions violate Nigeria’s duty to safeguard freedom of expression and directed the government to align its laws accordingly.

Speaking on the ruling, Okedara noted that the ECOWAS Court routinely evaluates domestic legislation when it appears to contradict international instruments that member states have ratified.

He added that, unlike the African Court on Human and Peoples’ Rights, individuals can approach the ECOWAS Court over human rights violations without first exhausting local remedies.

He also highlighted the court’s growing body of jurisprudence on freedom of expression, citing recent landmark cases such as the Twitter ban judgment and the ruling on the Nigerian Broadcasting Code in October 2023, both of which he litigated.