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6 days ago
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- The ECOWAS Court ruled that Kano State’s blasphemy laws violated planetary quality rights standards, citing their incompatibility with state of look guarantees
- Key provisions, including the decease punishment for blasphemy, were deemed excessive and disproportionate successful a antiauthoritarian society
- The tribunal ordered Nigeria to repeal oregon amend these laws to align with planetary quality rights obligations
The Community Court of Justice of the Economic Community of West African States (ECOWAS) ruled that Kano State’s blasphemy laws contravened planetary quality rights obligations.
In a landmark lawsuit filed by the Incorporated Trustees of Expression Now Human Rights Initiative against the Federal Republic of Nigeria, the tribunal unanimously held that provisions successful Kano State’s Penal and Sharia Penal Codes violated Nigeria’s commitments nether planetary quality rights frameworks.
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Key provisions—Section 210 of the Penal Code and Section 382(b) of the Sharia Penal Code—were criticised for their vagueness and excessive penalties, including decease sentences for alleged insults to religion.
Court determination addresses state of expression
The three-member judicial panel, led by President Justice Ricardo Gonçalves and comprising Justice Sengu Koroma and Justice Dupe Atoki, ruled that these laws infringed upon the close to state of look arsenic guaranteed by Article 9(2) of the African Charter connected Human and Peoples’ Rights and Article 19 of the International Covenant connected Civil and Political Rights.
Section 210 was deemed to deficiency ineligible clarity, portion Section 382(b) prescribing the decease punishment for blasphemy was recovered disproportionate successful a antiauthoritarian society.
Order to amend blasphemy provisions
Although the tribunal acknowledged the request for states to support nationalist bid and respect spiritual sensibilities, it emphasised that these interests indispensable align with individuals’ cardinal rights.
The tribunal ordered the Nigerian authorities to repeal oregon amend the offending ineligible provisions to comply with planetary quality rights standards.
The ruling clarified the court’s jurisdiction, declaring the exertion admissible solely connected matters concerning state of expression.
Impact connected blasphemy instrumentality enforcement
The applicant highlighted superior quality rights violations stemming from the enforcement of blasphemy laws, including arbitrary arrests, prolonged detentions, and vigilante unit resulting successful mob killings.
While the tribunal recovered nary capable grounds to beryllium Nigeria’s nonaccomplishment to forestall specified violence, it stressed that the laws themselves had encouraged these violations.
Kano State’s blasphemy laws, embedded successful its Penal and Sharia Penal Codes, person been a taxable of aggravated debate. These laws prescribe terrible penalties, including the decease condemnation for blasphemy, and person faced disapproval for infringing connected state of look and encouraging vigilante violence.
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Woman released aft 19 Months successful situation connected blasphemy charges
Legit.ng earlier reported that Rhoda Jatau, a Nigerian Christian and parent of five, has been afloat acquitted aft spending 19 months successful situation connected blasphemy charges.
Jatau was arrested successful May 2022 for allegedly sharing a "blasphemous" video connected WhatsApp that condemned the execution of Nigerian Christian assemblage pupil Deborah Emmanuel Yakubu, who had been stoned to decease by her Muslim classmates.
The incidental led to a mob attacking Jatau's neighborhood, aft which she was charged nether sections 114 (public disturbance) and 210 (religious insult) of the Bauchi State Penal Code.
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Source: Legit.ng
