Religion
By Mahi Mehra
Published: May 2024
There are twelve Nigerian states that run under Shari’ah law. Twelve Nigerian states in which blasphemy is punishable by death.
Nigeria has an almost equal split between Muslims and Christians. Shari’ah law applies only to Muslims, but state enforcement of these religious beliefs challenges the legal system. Both the high court and the Shari’ah court prohibit blasphemy, yet sections 38 and 39 of Nigeria’s constitution guarantee the right to freedom of expression and the right to thought and conscience.
Although Nigeria is party to international human rights laws, the presence of Shari’ah law and the Shari’ah appeals court, which runs alongside the high court, effectively legislates it unlawful to insult religion. Offences, which include blasphemy or apostasy, may be punishable by death. Not only does this directly oppose official constitution stating that it is prohibited to adopt any religion as a state religion, it also challenges international human rights.
Blasphemy legislation has led to blasphemy killings, as well as violence and rioting in predominantly Muslim states. These killings have taken the lives of many innocent people, including Deborah Samuel Yakubu, a young student who was lynched by her peers after being accused of blasphemy. Not long after came the murder of Usman Buda, a butcher and father of six who was stoned to death for alleged blasphemy. In both, and most, cases there is a lack of unbiased evidence and sufficient involvement of authorities, and according to the Guardian, there is no public record of anyone in Nigeria being jailed or prosecuted for being involved in blasphemy killings.
But what do these laws mean for the communities involved? The state enforcement of punishment and lack of mitigative action from authorities leads to heightened religious tensions for those living in Nigeria. It is an extreme violation for human rights in terms of the right to freedom of religion and belief and the right to justice.
In February 2024, the U.S. urged Nigeria to repeal its laws repressing religious freedom. In a hearing by the U.S. House Foreign Affairs Subcommittee on Africa titled ‘The Future of Freedom in Nigeria, the U.S House referred to the blasphemy laws as leading to ‘unjust prosecutions and mob violence’. Amnesty International has also condemned blasphemy laws and has stated that the Nigerian government is ‘creating a permissive environment for brutality’.