A musician in Nigeria who was sentenced to death five years ago for allegedly disseminating blasphemous messages on social media is challenging blasphemy laws in the country’s highest court.
Yahaya Sharif-Aminu, who is currently awaiting a retrial in jail, has petitioned Nigeria’s Supreme Court to declare the law on blasphemy in Kano unconstitutional. He is also challenging the conviction handed to him at a time when he was tried and sentenced without legal representation.
“Yahaya’s treatment violates both the Nigerian Constitution and international law,” said Kalo Alapinni, who is Aminu’s attorney. “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’s conviction was determined by a sharia (Islamic law) court in August 2020 for sharing lyrics allegedly containing derogatory sections. It was overturned due to procedural irregularities, including a lack of representation. Aminu’s legal team also contended that the case should be dismissed; but a Court of Appeal upheld the constitutionality of the law. They, however, ordered a retrial for Aminu.
Nigeria has strict and oppressive laws regarding blasphemy, with 12 states in northern Nigeria having strict sharia laws that have resulted in Christians and Muslims being arrested. They would later be tried and convicted on charges of blasphemy against Muhammad, the Islamic prophet.
Some victims have been lynched in cases of vigilante justice for allegations of blasphemy despite the Supreme Court ruling that every allegation must be proven in a court of law.
Last month, a Muslim woman was lynched in Niger State by a mob following an accusation of blasphemy. The accusation stemmed from a casual conversation between the woman and her nephew. Despite her death, the exact statement that was deemed blasphemous has not yet been determined.
Another more well-known case is that of Deborah Samuel Yakubu, who was stoned and burnt to death by a mob of Muslim students. The Christian college student in Sokoto was killed after being accused of blasphemy in a WhatsApp group.
Legal counsel for Alliance Defending Freedom (ADF) International, Sean Nelson, said Nigeria’s justice system should seek to protect people who express their faith peacefully, instead of “punishing them by death”. He also believes that the court will rule in favour of Yahaya and overturn the blasphemy laws.
Kelsey Zorzi, Director of Advocacy for Global Religious Freedom, is also hopeful of his release and believes that it will be a landmark case.
“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.”
The case has also caught the attention of institutions globally, with the European Parliament calling for the release of Aminu. The resolution specifically called for his “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,” the Parliament concluded.