By Achadu Gabriel, Kaduna
The Media Rights Agenda (MRA) has called on the Federal Government of Nigeria to urgently implement the recent judgment of the ECOWAS Court of Justice, which declared certain aspects of Kano State’s blasphemy laws as violations of Nigeria’s international human rights obligations.
In a statement issued on Wednesday, MRA urged the government to act swiftly in complying with the court’s April 9, 2025, ruling.
The ECOWAS Court held that specific blasphemy provisions in Kano State’s legal framework are incompatible with the guarantees provided under the African Charter on Human and Peoples’ Rights (ACHPR) and the International Covenant on Civil and Political Rights (ICCPR), both of which Nigeria has ratified.
The judgment, delivered unanimously by a three-member panel in a suit filed by Expression Now Human Rights Initiative, found that the blasphemy clauses in Kano State’s Penal Code and Sharia Penal Code Law of 2000, as well as similar provisions in other jurisdictions, contravene fundamental human rights—particularly the right to freedom of expression.
The court emphasized that Nigeria, as a signatory to the ACHPR and ICCPR, is obligated to ensure that its national and state laws align with the standards enshrined in these instruments.
Accordingly, the court ordered the Federal Government to take steps to either repeal or amend the offending provisions in Kano State and other states to bring them into compliance with international human rights norms.
Reacting to the ruling, Mr. Monday Arunsi, Acting Head of MRA’s Legal Department, described the court’s reasoning as sound and in line with globally recognized human rights standards.
He cited the court’s observation that capital punishment should be reserved for the most serious crimes—such as murder, terrorism, or genocide—which involve tangible harm to victims, and not for expressions deemed offensive or disrespectful.
“The ECOWAS Court rightly noted that there are less extreme ways for states to address concerns about public order or religious sensitivities without infringing on the right to freedom of expression. Nigeria must not cherry-pick which international obligations to uphold. This ruling is legally binding and must be respected,” he said.
Arunsi emphasized that non-compliance with the court’s decision would undermine the rule of law and regional justice mechanisms, while also damaging Nigeria’s democratic image and commitment to human rights.
He further noted that the judgment reinforces long-standing concerns raised by both domestic and international human rights advocates regarding the incompatibility of certain state laws—particularly blasphemy provisions and their harsh penalties—with Nigeria’s international obligations.
He described the imposition of the death penalty and lengthy prison terms in blasphemy cases as extreme and disproportionate.
Calling for immediate government action, Arunsi urged the Federal Government to lead by example in the West African subregion by engaging with Kano State and other states with similar legal frameworks. He stressed the need for a coordinated review and reform of such laws to align with Nigeria’s treaty commitments.
“This is an opportunity for Nigeria to reaffirm its leadership in promoting human rights by initiating meaningful legal reforms that uphold freedom of expression while respecting religious diversity,” he said.
MRA also called on key institutions—including the National Assembly, the National Human Rights Commission, and other relevant agencies—to contribute actively to aligning Nigeria’s legal system with its obligations under the ACHPR and ICCPR.
Arunsi concluded by stating that respect for international legal decisions is essential to safeguarding human rights, strengthening justice, and preserving Nigeria’s global credibility.
