A Nigerian musician sentenced to death in 2020 for sharing alleged blasphemous messages on WhatsApp has challenged blasphemy laws in Nigeria’s highest court.
Yahaya Sharif-Aminu, in jail awaiting a retrial, has petitioned Nigeria’s Supreme Court to declare the Kano state law on blasphemy unconstitutional. Through his lawyer, Kola Alapinni, Aminu has also challenged his conviction, when he was tried and sentenced without legal representation.
“Yahaya’s treatment violates both the Nigerian Constitution and international law,” said Alapinni. “No one should be sentenced to death for freely expressing their religious views, and we are working to ensure that Yahaya is released and the blasphemy law ended. It cannot stand.”
Aminu was initially convicted by a sharia (Islamic law) court in August 2020 for sharing lyrics allegedly containing derogatory sections. The conviction was overturned due to procedural irregularities, including lack of representation. Aminu’s legal team argued that the case should be dismissed, but a Court of Appeal upheld the constitutionality of the blasphemy law while ordering a retrial for Aminu.
Besides Nigeria’s notorious federal statutes against blasphemy, 12 states in northern Nigeria, including Kano state, have strict sharia laws that have seen Christians and Muslims arrested, tried and convicted on charges of blasphemy against Muhammad, the prophet of Islam.
Some victims have been lynched by the public on allegations of blasphemy despite a Supreme Court ruling that every allegation must be proven in a court of law. On Aug. 30, a Muslim woman was lynched in Niger state by a mob that accused her of blasphemy following a casual conversation between the woman and her nephew. The exact statement that was deemed blasphemous is yet to be determined.
One of the most widely known cases is that of Deborah Samuel Yakubu, a Christian college student in Sokoto. In May 2022, she was stoned and burned to death by a mob of Muslim students after being accused of blasphemy in a WhatsApp group.
Sean Nelson, legal counsel for Global Religious Freedom for Alliance Defending Freedom (ADF) International, said Nigeria’s justice system should protect people who express their faith peacefully, “not punishing them by death.” Nelson was of the view that the apex court would rule in favor of Yahaya and overturn the blasphemy laws “that have targeted him and put so many others at risk.”
The case has attracted global attention, with the European Parliament reiterating its earlier call for the release of Sharif-Aminu, whose health has been failing and his family harrassed. The February resolution called for Sharif-Aminu’s “immediate and unconditional release.”
“The blasphemy laws are in clear breach of international rights obligations, in particular the International Covenant on Civil and Political Rights, and are contrary to the Nigerian Constitution, which guarantees freedom of religion and expression,” noted the European Parliament.
In April, the Economic Community of West African States (ECOWAS) Court of Justice delivered a landmark ruling, declaring certain blasphemy provisions in Kano State’s Penal Code and Sharia Penal Code Law (2000) incompatible with international human rights standards, particularly the right to freedom of expression. The court mandated Nigeria to repeal or amend these and similar laws to align with its international obligations.
