The ECOWAS Community Court of Justice has formally asked the Nigerian government to enforce its earlier judgment abolishing blasphemy laws in the country. The directive was issued through a writ of execution signed by the Court’s Chief Registrar, Yaouza Ouro-Sama, calling on Nigeria to comply with the ruling.
“By this Writ, the Court is requesting the enforcement of its decision in respect of the matter against the Respondent, the Federal Republic of Nigeria,” the document stated.
Court Declares Kano Blasphemy Provisions Unlawful
In its earlier judgment, the ECOWAS Court held that Section 210 of the Kano State Penal Code and Section 382(b) of the Kano State Sharia Penal Code Law of 2000 violate Nigeria’s obligations to protect freedom of expression under Article 9(2) of the African Charter on Human and Peoples’ Rights.
The Court ordered the Nigerian government to repeal or amend both provisions—and any similar laws—to align with its commitments under the African Charter and Article 19 of the International Covenant on Civil and Political Rights (ICCPR).
Case Initiated by Rights Lawyer
The case was filed in October 2023 by digital rights lawyer and human rights activist Solomon Okedara. He challenged the recurring violations of the rights to freedom of expression, religion, and life resulting from arrests, detentions, prosecutions and even death sentences on allegations of blasphemy in Nigeria.
Nigeria, which has ratified and domesticated the African Charter into local law (Cap A9, LFN 2004), was accused of failing to prevent arbitrary punishments and extra-judicial killings related to blasphemy accusations.
Nigeria Contested the Court’s Jurisdiction
In its defence, the Nigerian government argued that the contested blasphemy laws were state laws—not federal laws—and that any challenge to their constitutionality should be brought before Nigerian courts, not the ECOWAS Court.
Nigeria asked for the suit to be dismissed for lack of jurisdiction and merit. However, the ECOWAS Court ruled that it had the authority to hear the case since it concerned alleged violations of international human rights obligations.
Court Upholds Human Rights Jurisdiction
The Court dismissed Nigeria’s objections, affirmed its jurisdiction and declared the Kano Penal Code provisions incompatible with Nigeria’s international obligations. It then ordered the federal government to amend or repeal the provisions and similar laws nationwide.
Speaking to Business Day, Okedara said the ECOWAS Court is empowered to examine domestic laws when they conflict with international instruments ratified by member states. He added: “Under its human rights jurisdiction, citizens of the ECOWAS community are at liberty to approach the Court on an allegation of violation of human rights without first exhausting local remedies.”
He noted that the Court has recently strengthened its stance on freedom of expression through landmark judgments, including the Twitter Ban case and the Nigerian Broadcasting Code case, which he also litigated.
Source: Business Day (Nigeria)
