The Kano State Government has responded to the recent ruling by the ECOWAS Court of Justice, which declared the state’s blasphemy laws a violation of human rights. The government maintained that it has constitutional authority to enact laws that reflect the religious and moral values of its predominantly Muslim population.
The ECOWAS court, on April 9, found that certain provisions in the Kano State Sharia Penal Code Law and the Kano State Penal Code contradict the right to freedom of expression under regional and international human rights standards. The court 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 released on Sunday, April 13, Ibrahim Waiya, Kano State Commissioner for Information and Internal Affairs, asserted that the ECOWAS court’s decision does not override the Nigerian Constitution.
“While the state remains committed to upholding fundamental rights and the rule of law, it also has a constitutional and moral duty to safeguard religious sanctity, ensure public order, and uphold the values of its largely Muslim community,” Waiya stated.
He referenced Section 4(7) of the 1999 Nigerian Constitution, which grants state assemblies the power to legislate on matters within the concurrent legislative list, including criminal law. “Kano State’s Sharia Penal Code (2000), including Section 382(b), was lawfully enacted in line with the Constitution, enjoying both legislative authority and public support,” he said.
“This is not a deviation, but rather a reflection of legal pluralism — a defining feature of Nigeria’s federal system,” Waiya added.
Quoting legal precedents, the commissioner cited Yakubu v. Governor of Kogi State (1995) 8 NWLR (Pt. 414) 386, which affirmed states’ rights to create laws reflecting their unique social, moral, and religious environments. He also pointed to Wingrove v. UK (1996) 24 EHRR 1, where the European Court of Human Rights upheld the UK’s blasphemy laws, acknowledging the legitimacy of protecting “the religious feelings of believers.”
Waiya argued that this legal background reinforces Kano’s position. “Nigeria — and by extension, Kano State — has every right to restrict expressions that deeply offend religious sentiments, especially concerning the Prophet Muhammad (SAW), whose honor is sacred in Islam.”
He also addressed concerns about misuse of blasphemy laws, clarifying that such cases are subject to legal oversight. “The state is conscious of the need to prevent abuse. Every blasphemy prosecution is reviewed and approved by the state’s attorney-general,” he said.
“We will not allow religious freedom to be misused as a license for sacrilege, provocation, or insult,” Waiya concluded. “Kano State remains firmly committed to preserving the sanctity of Islam, in accordance with its laws and the will of its people.”
