The Kano State Government has firmly rejected a recent ruling by the ECOWAS Court of Justice, which declared aspects of its blasphemy laws as violations of human rights.
In response, the state government defended its legal framework, asserting its constitutional right to enact laws that reflect the religious and moral values of its majority-Muslim population.
On April 9, the ECOWAS Court ruled that certain provisions in the Kano State Sharia Penal Code Law and the Kano State Penal Code contravene regional and international guarantees of freedom of expression.
The court ordered the Nigerian federal government to either repeal or amend the offending laws to bring them in line with Article 9(2) of the African Charter on Human and Peoples’ Rights.
However, in a statement released on Sunday, Ibrahim Garba Waiya, Kano State Commissioner for Information and Internal Affairs, dismissed the ECOWAS court’s authority to override Nigeria’s constitution, arguing that the court’s decision undermines the country’s federal structure.
“The Nigerian Constitution provides sub-national governments with the authority to legislate on matters relevant to their unique social, moral, and religious contexts,”
Read also: ECOWAS Court declares Kano’s blasphemy laws violate human rights, orders reform
Kano State has a constitutional and moral obligation to uphold religious sanctity, maintain public order, and preserve the values of its people”, Waiya said.
Quoting Section 4(7) of the 1999 Constitution, the commissioner emphasized that state houses of assembly are empowered to make laws on matters within the concurrent legislative list, including criminal legislation.
He added that the Kano Sharia Penal Code, enacted in 2000, was established with full legislative authority and widespread public support.
“This is not an aberration but a recognition of legal pluralism a hallmark of Nigeria’s federal system.
“States have the authority to reflect their religious and cultural realities through appropriate legislation, as affirmed in various court precedents”, statement read.
The state government further referenced the UK’s historical blasphemy laws as once upheld by the European Court of Human Rights in the 1996 Wingrove v. United Kingdom case, to support its position.
It maintained that the honour of Prophet Muhammad (SAW) is regarded as sacred and must be protected from defamation or ridicule.
While acknowledging the need to guard against misuse of blasphemy laws, Kano authorities said all prosecutions undergo careful review and must be approved by the state’s attorney-general.
“We will not allow religious liberty to be weaponized as a cover for sacrilege, insult, and provocation. Kano stands at a critical crossroads between respecting international human rights commitments and protecting the spiritual and moral fabric of our society”, the statement added.
The state reaffirmed its commitment to fundamental rights and the rule of law, but warned against what it termed “external interference” that could erode the religious sensitivities of its residents.
