Media Rights Agenda calls on FG to comply with ECOWAS judgment on freedom of expression

Media Rights Agenda (MRA) has urged the Federal Government to take immediate action to implement the April 9, 2025 judgment of the ECOWAS Co...

Media Rights Agenda (MRA) has urged the Federal Government to take immediate action to implement the April 9, 2025 judgment of the ECOWAS Court of Justice.

This ruling declared certain aspects of Kano State’s blasphemy laws to be a violation of Nigeria’s obligations under the African Charter on Human and Peoples’ Rights (ACHPR) and the International Covenant on Civil and Political Rights (ICCPR).

The MRA emphasised that the government must comply promptly with the Court’s directive to align all such laws in Nigeria with its international human rights obligations.

They warned that failing to adhere to the judgment would not only undermine the rule of law and weaken the regional human rights system but would also further damage Nigeria’s reputation as a democracy dedicated to the fundamental rights of its citizens.

In a unanimous decision by three judges, the ECOWAS Court ruled on April 9 that the blasphemy provisions in the Kano State Penal Code, the Sharia Penal Code Law of 2000, and similar provisions in other laws violate essential human rights guarantees, particularly the right to freedom of expression, which the African Charter and the ICCPR protect.

The Court stated that Nigeria, as a State Party to the African Charter and the ICCPR, is obligated to ensure that its domestic laws, including those at the state level, comply with these international instruments.

Consequently, it ordered the Federal Government to repeal or amend the blasphemy provisions in the Kano State Penal Code, the Sharia Penal Code Law of 2000, and similar laws, as they are incompatible with Nigeria’s obligations to protect freedom of expression under both regional and international law.

In a statement issued in Lagos, Mr. Monday Arunsi, Acting Head of MRA’s Legal Department, said the organization agreed fully with the Court’s reasoning when it stated that “capital punishment is typically reserved for serious crimes like murder, terrorism or genocide where there is a clear victim who has suffered grave harm, not speech or disrespect. The Court is of the opinion that there are less restrictive ways in which the State could limit the freedom of expression for the purpose of ensuring respect for the religious beliefs of others and the preservation of public peace.”

According to Mr. Arunsi, “Nigeria cannot pick and choose which of its international obligations to respect. The judgment of the ECOWAS Court is binding, and the Federal Government has a legal and moral duty to comply with it and ensure that the provisions of all federal and state laws are consistent with the regional and international instruments to which it is a State Party and, in particular, that the laws protect the rights and freedoms enshrined in the African Charter and the ICCPR, which Nigeria has voluntarily ratified. Compliance is, therefore, not optional.”

He noted that the Court’s decision reinforces longstanding concerns by human rights advocates in Nigeria and internationally that certain provisions of the Sharia Penal Code of Kano State and similar laws in many other States, particularly those criminalising blasphemy and prescribing harsh punishments such as the death penalty, are inconsistent with international human rights standards.

Mr. Arunsi called on the Federal Government to “demonstrate leadership in the region by taking immediate steps to engage with the Government of Kano State and other states with similar laws to ensure a comprehensive review and reform of such legislation, in line with Nigeria’s international obligations and in compliance with the orders of the Court.”

He stressed that such reforms should include the amendment or repeal of all provisions that violate the right to freedom of expression, while preserving freedom of thought, conscience, and religion, adding that “Respect for the rule of law and for the decisions of competent international courts is fundamental to the protection of human rights, the promotion of justice, and the preservation of Nigeria’s standing in the international community.”

Mr. Arunsi also urged the National Assembly, the National Human Rights Commission, and other relevant institutions to play their part in ensuring that Nigeria’s legal framework fully aligns with its commitments under regional and international human rights treaties.

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