We Won’t Scrap our Laws’ — Kano Fires Back at ECOWAS over Blasphemy Ruling
- Kano State has rejected the ECOWAS court ruling that its blasphemy laws violate human rights, insisting they reflect the moral and religious beliefs of its Muslim-majority population
- The state government said its laws are constitutionally backed and rooted in Nigeria’s legal pluralism
- Officials stressed that while fundamental rights are important, they must not override the sanctity of religion and public order in Kano
The Kano State Government has rejected the recent ruling by the ECOWAS Court of Justice, which declared the state’s blasphemy laws as a violation of human rights, stating that such laws are constitutionally grounded and reflect the values of its largely Muslim population.
The Kano government has rejected the verdict of ECOWAS court which condemns the state’s blasphemy laws. Image: FB/Abba YusufSource: Facebook
ECOWAS court axes Kano laws
On April 9, the ECOWAS court delivered a judgment stating that the blasphemy-related provisions under Kano State’s Sharia Penal Code Law and Penal Code conflict with regional and international standards protecting freedom of expression.
The court directed the Nigerian federal government to amend or repeal such laws to align with Article 9(2) of the African Charter on Human and Peoples’ Rights.
Kano government rejects court’s verdicts
Responding to the verdict, the Kano State Commissioner for Information and Internal Affairs, Ibrahim Waiya, maintained that the state retains the legal and moral authority to enact laws that resonate with the faith and cultural expectations of its residents, The Cable reported.
Most of the Nigerian northern states adopt Sharia laws as part of state laws. Image: Getty ImagesSource: Getty Images
According to Waiya, the ruling does not override the Nigerian Constitution, which allows states to legislate on criminal matters under the concurrent legislative list.
“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,” the statement read.
Citing Section 4(7) of the 1999 Constitution, the Kano government emphasized that the State House of Assembly acted within its legal rights in enacting the Sharia Penal Code in 2000, including its provision under Section 382(b).
The government described the legal framework as an expression of Nigeria’s federal structure and plural legal system.
Kano cites precedents to back claim
Legal precedents were also referenced in the state’s response, including the Nigerian case Yakubu v. Governor of Kogi State (1995), which upheld the powers of states to legislate based on local socio-cultural and religious realities.
Additionally, the statement pointed to the Wingrove v. UK (1996) case, where the European Court of Human Rights acknowledged the legitimacy of laws designed to protect religious sentiments.
The government noted that all blasphemy prosecutions in Kano are subject to approval by the state’s attorney-general and are not carried out arbitrarily.
It reiterated its stance that religious liberties must not be exploited as a shield for incitement or provocation.
“We will not allow religious liberty to be weaponized as a cover for sacrilege, insult, and provocation,” the statement declared.
“We reaffirm our unwavering commitment to preserving the sanctity of Islam as recognized by our laws and the will of our people.”
Kano state moves to reclaim encroached motor parks
TheTalk.NG had earlier reported that the Kano State Ministry of Land and Physical Planning had announced plans to recover all motor parks owned by Kano Line that have been encroached upon by individuals, and corporate organizations across the state.
The move is part of efforts to revive the state-owned transport company, and restore its operations.
Source: TheTalk.NG
