Five United Nations (UN) human rights experts have called for the immediate and unconditional release of Nigerian singer Yahaya Sharif-Aminu, whose conviction for blasphemy was overturned, but who could face a new trial on the same charges.
On 10 August 2020 an upper Sharia court in the Hausawa Filin Hockey area of the Kano State capital convicted Mr Sharif-Aminu, then aged 22, of blaspheming in a song he had shared via WhatsApp, and sentenced him to death by hanging.
In 2021 the appellate division of the Kano State High Court overturned this sentence, citing procedural irregularities, but ordered a retrial. In a 2022 split decision, the Kano State Court of Appeal upheld both the legality of the state’s Shari’a Penal Code on which the initial conviction was based, and the lower court's decision to order a retrial.
Mr Sharif-Aminu remains detained, and his lawyers are currently challenging Nigeria’s blasphemy law and the constitutionality of Kano State’s Shari’a Penal Code at the Supreme Court.
In a statement issued on 16 May, the Special Rapporteurs expressed deep concern ‘that Mr. Sharif-Aminu’s case will be re-prosecuted based on the same legal framework, the Kano State Sharia Penal Code Law, with serious risks that the death sentence will be confirmed.’
The Special Rapporteurs also expressed concern ‘that Mr. Sharif-Aminu has been in prison for too long for exercising his human rights,’ and emphasised the right of every person to freedom of expression and to manifest their religion or belief, as well as to take part in cultural life and the development of their society through artistic expression, without fear of imprisonment, reprisals or even execution.
The experts went on to urge Nigeria’s Supreme Court to prioritise consideration of Mr Sharif-Aminu’s case, ‘and to urgently adopt a decision taking into consideration Nigeria’s obligations under international human rights law.’ They also asked the Nigerian government to protect Mr Sharif-Aminu’s rights, to guarantee his physical and psychological well-being, and to ensure a stay of execution ‘should the death sentence be re-confirmed by a court,’ as its imposition on charges of blasphemy would amount to an arbitrary deprivation of life under international law.
CSW’s CEO Scot Bower said: ‘CSW welcomes and echoes the call of the five Special Rapporteurs for the immediate and unconditional release of Yahaya Sharif-Aminu. This man has spent nearly four years in prison on unjust blasphemy charges, three of them since an appeal court overturned his sentence. We urge the Nigerian government to review and repeal the blasphemy law. Not only is this law wholly incompatible with the Nigeria’s national and international obligations; it is also a dangerous driver of religious extremism and impunity, which undermine the rule of law, and which the country must address as a matter of urgency.’
Note to Editors:
- The statement was signed by Alexandra Xanthaki, Special Rapporteur in the field of cultural rights; Nazila Ghanea, Special Rapporteur on freedom of religion or belief; Irene Khan, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; Margaret Satterthwaite, Special Rapporteur on the independence of judges and lawyers; and Morris Tidball-Binz, Special Rapporteur on extrajudicial, summary, or arbitrary executions.