The European Parliament has condemned in the strongest terms, the Nigeria’s Appeal Court judgment which sentenced a Nigerian musician, Yahaya Sharif-Aminu, to death for alleged blasphemy.
SaharaReporters in 2020 reported that the musician who is said to be a member of the Islamic Tijjaniya sect and Faidha group, was accused of blasphemy against Prophet Muhammad in one of his songs.
The presiding judge of a Sharia court in Kano State, Khadi Aliyu Muhammad Kani, had sentenced him to death by hanging but a high court overturned the judgment but denied the musician bail and ordered his retrial before another Sharia court judge due to irregularities in the original trial.
The musician approached the appeal court to overturn the order for his retrial for blasphemy but the appellate court did not rule in his favour but upheld the Sharia Court death sentence, hence, he appealed the judgment at the Supreme Court.
The musician in the notice of appeal is seeking “An order declaring S.382(b) of the Sharia Penal Code Law of Kano State 2000 being in conflict and incompatible with S.34(1)(a), S.38(1), S.39(1), and other provisions of the Constitution of the Federal Republic of Nigeria, Articles 5, 8, and 9, among others, of the African Charter on Human and People's Rights, and Articles 7, 18, and 19, among others, of the International Convention on Civil and Political Rights, as well as an order declaring other sections of the Sharia Penal Code, including SS: 94 (1) (b); 97 (a-j); 99; 115 (1) (2); 116(2): 117; 118 (2): 123; 125 (e-b), 126 (e) (2): 127 (a-b); 129 (a b): 131; 134: 134(b): 135(2): 136; 137: 140 (b); 141 (b): 146 (a): 148; 163 (c): 169: 150; 154; 155; 157; 162; 163 (c); 169: 170; 174 (3); 175-178; 186; 187; 189; 191-194; 196; 197; 199; 200; 208-211; 216-221; 223-227; 237; 246 (a); 260 (a-b); 264; 268; 273; 276 (c), (i); 277 (c); 280 (b): 281-284 (c); 285-287 (b); 290; 291 (b); 292; 293 (d) (-i): 294 (a-b): 295 (a): 296 (a); a-b): 295 (a): 296 (a); 297 (a-b); 298 (b); 299 (a-b) 300-308; 309 (a-b); 310-312; 315 (1-2): 316 (1): 317; 323; 324 (a); 325;-328; 329 (a-b); 330-332; 335 (b); 336 (b); 337 (b); 338 (b): 339 (b); 340; 342 (c); 344 (c); 345 (c): 346 (c): 347 (b): 348 (b); 349 (b); 352 (a): 353; 356; 358; 360-362; 368; 369 (b); 373; 376; 377(e); 385; 387 (b); 388 (1) as being similarly incompatible with the Constitution and international treaties.”
Reacting to Sharif-Aminu’s case, the European Parliament in the resolution adopted with a vote of 550 in favour and only seven votes against, said that “blasphemy laws are in clear breach of international human rights” and “contrary to the Nigerian Constitution which guarantees religious freedom and freedom of expression.”
The parliamentarian resolution therefore called on the Nigerian government “To repeal the blasphemy laws at federal and state level,” and the immediate unconditional release of individuals that “face blasphemy allegations.”
During the European parliamentary debate, Carlos Zorrinho, MEP (EPP) said that “In the name of dignity, justice and respect for the most basic human rights, I reiterate our call for the immediate release of the musician Yahaya Sharif-Aminu who is literally on death row right now.”
Also, Bert-Jan Ruissen, MEP (ECR) stated that “The mere existence of blasphemy laws stimulates grave violence against persons who are accused of blasphemy, very often even before police forces and justice systems can intervene.”
In a similar voice, the Legal Officer at ADF International in Brussels, Georgia du Plessis, stated that “ADF International is working not only with the urgent goal of saving Yahaya’s life and securing his release, but also to put an end to blasphemy laws everywhere. Together with our Nigerian partners, we are committed to defend Yahaya and support his fight for freedom of expression and religious freedom at the Supreme Court of Nigeria.
“Religious freedom and freedom of expression are fundamental human rights. Blasphemy laws punish people for peacefully voicing their beliefs and are inherently inconsistent with human rights. The European Parliament has taken a much-needed step to bring Yahaya’s case to public attention. We are hopeful that the resolution provides international momentum for a positive outcome.”
The Parliament noted that Sharif-Aminu’s case is far from an isolated incident as together with minority Muslims, the persecution of Christians in Nigeria is especially severe, pointing out that in 2021, 90% of all Christians worldwide that were killed for their faith were in Nigeria.
The Director of Global Religious Freedom for ADF International, Kelsey Zorzi, said that “Religious freedom advocates have waited decades to overturn this blasphemy law. We can’t let this opportunity pass us by. The case has unprecedented potential for religious freedom and freedom of expression in Nigeria and could be the catalyst for the change we all are hoping for.
“Blasphemy laws are a catastrophe—they destabilize countries and provoke violence. As we are advocating for freedom of religion and speech around the world, we can clearly see that sentencing someone to death for their peaceful expression is the ultimate censorship.”