ECOWAS Court: Kano Blasphemy Laws Violate Human Rights

Nigeria’s Human Rights Breach: ECOWAS Court on Kano Laws

​The Economic Community of West African States (ECOWAS) Court of Justice has ruled that certain blasphemy laws in Kano State, Nigeria, violate international human rights standards, particularly the right to freedom of expression.

In its judgment delivered on April 9, 2025, the court examined two specific provisions:​

• Section 210 of the Kano State Penal Code: The court found this section to be overly vague, lacking clear guidance on what constitutes a religious insult, thereby failing the legal precision required under international human rights standards.
• Section 382(b) of the Kano State Sharia Penal Code Law (2000): This provision, which imposes the death penalty for insulting the Prophet Muhammad, was deemed “excessive and disproportionate” in a democratic society. ​

The case was initiated by the Expression Now Human Rights Initiative, a Nigerian civil society organization, which argued that these blasphemy laws have led to severe human rights abuses, including arbitrary arrests, prolonged detentions, and, in some instances, death sentences for alleged blasphemy. ​

The ECOWAS Court asserted its jurisdiction under Article 9(4) of its Protocol, affirming its mandate to address human rights violations within member states. While the court allowed the freedom of expression claims to proceed, it ruled that claims regarding the rights to life and religious freedom were inadmissible as private rights unsuitable for public interest litigation (actio popularis).

As a result of this ruling, the court 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 on Human and Peoples’ Rights, thereby ensuring compliance with international human rights obligations.