The Kano State Government has reacted to the recent ruling by the ECOWAS Court of Justice declaring the state’s blasphemy laws a violation of human rights, insisting that it retains the constitutional authority to enact laws aligned with the religious and moral values of its predominantly Muslim population.
On April 9, the regional court found that provisions in the Kano State Sharia Penal Code Law and the Kano State Penal Code conflict with the right to freedom of expression under regional and international human rights frameworks. The court subsequently ordered the Nigerian federal government to “repeal or amend the identified legal provisions and similar laws to align with Article 9(2) of the African Charter.”
In a statement on Sunday, April 13, Ibrahim Waiya, Kano State Commissioner for Information and Internal Affairs, maintained the state’s position, asserting that the ECOWAS court does not override the Nigerian constitution.
“While the state remains committed to the promotion of fundamental rights and respect for rule of law, it has a constitutional and moral obligation to uphold religious sanctity, maintain public order, and preserve the faithful values of its predominantly Muslim population,” Waiya said.
He cited Section 4(7) of the 1999 Nigerian Constitution, which empowers state houses of assembly to legislate on matters within the concurrent legislative list, including criminal law. “Kano State’s Sharia Penal Code (2000), including Section 382(b), was enacted in compliance with the Constitution and with full legislative authority and popular mandate,” he said.
“This is not an aberration but a recognition of legal pluralism, a hallmark of Nigeria’s federal system,” the commissioner added.
Referencing legal precedents, Waiya noted that, “As confirmed in Yakubu v. Governor of Kogi State (1995) 8 NWLR (Pt. 414) 386, states have authority to enact laws to reflect their social, moral, and religious contexts.” He also cited Wingrove v. UK (1996) 24 EHRR 1, in which the European Court of Human Rights upheld a UK blasphemy law as compatible with freedom of expression provisions, recognizing the legitimacy of protecting “the religious feelings of believers.”
According to Waiya, this jurisprudence supports the view that “Nigeria — and by extension, Kano State — has every right to restrict expressions that offend deeply held religious beliefs, particularly those concerning the Prophet Muhammad (SAW), whose honour is held inviolable in Islam.”
Addressing concerns about abuse of blasphemy laws, the government clarified that such prosecutions undergo legal scrutiny. “The state is not blind to the need for legal measures against abuse of blasphemy laws,” Waiya said. “Blasphemy prosecutions are always approved by the state attorney-general.”
“We will not allow religious liberty to be weaponized as a cover for sacrilege, insult, and provocation,” the commissioner stated. “We reaffirm our unwavering commitment to preserving the sanctity of Islam as recognized by our laws and the will of our people.”
