Challenging Blasphemy laws at the Supreme Court of Nigeria
- Who: Yahaya Sharif-Aminu
- Where: Supreme Court of Nigeria
- Advocacy Team: Sean Nelson, Global Religious Freedom
Topic | Persecution, Freedom of Religion
Yahaya Sharif-Aminu, a Nigerian Sufi musician, is bringing a challenge to the strict blasphemy law of Kano State, Northern Nigeria, under which he was previously sentenced to death, to the Supreme Court of Nigeria. He was convicted in 2020 despite not having legal representation, after sharing audio messages on WhatsApp deemed blasphemous towards the Prophet Mohammed.
Yahaya remains in jail without bail while awaiting the retrial, where he still faces a potential death penalty.
“Yahaya’s treatment violates both the Nigerian Constitution and international law. 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.” – Kola Alapinni, Yahaya’s lawyer
ADF International is supporting Yahaya’s Supreme Court appeal.
"The justice system in Nigeria should be protecting people who express their faith peacefully, not punishing them with death. We pray that the Court rules that Yahaya has committed no crime and that the blasphemy laws that have targeted him and put so many others at risk will be overturned."
- Sean Nelson, Legal Counsel, Global Religious Freedom
Case summary
Yahaya initially was convicted and sentenced to death on 10 August 2020 by the Hausawa Filin Hockey upper-Sharia court. The conviction was overturned, and a new trial ordered in January 2021 based on procedural irregularities. Yahaya appealed the retrial order, arguing that the case should be dismissed entirely, and the blasphemy law be ruled unconstitutional. In August 2022, a Court of Appeal upheld the constitutionality of the blasphemy law and affirmed the retrial order.
Yahaya’s Supreme Court appeal has the potential to overturn Northern Nigeria’s draconian Sharia-based blasphemy laws, thus enabling Christian converts, minority Muslims, and others, to more freely speak about their faith and be protected from the often-life-threatening violence that accompanies a blasphemy accusation.
“Yahaya’s case is incredibly important as it has the potential to overturn blasphemy laws that threaten the rights of all religious minorities in Nigeria. We are hopeful that the Supreme Court will finally declare these blasphemy laws to be unconstitutional and in direct violation of international human rights law. As a country with immense influence throughout Africa and the Muslim world, Nigeria has an unprecedented opportunity to lead the way toward abolishing draconian blasphemy laws that continue to plague minorities around the globe.” — Kelsey Zorzi, Director of Advocacy for Global Religious Freedom
“Blasphemy laws are incompatible with religious freedom and a significant contributor to violence and instability in the country.” – Sean Nelson, Legal Counsel, Global Religious Freedom
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