Neusroom Explainer: What constitutes blasphemy in Nigeria and what does the law say?
The gruesome murder of Usman Buda, a butcher at Sokoto Abbatoirr in Sokoto State, on June 25, 2023, by an irate mob over alleged blasphemy against Prophet Muhammad, sparked mixed reactions and brought to the fore the debate on jungle justice and blasphemy in Nigeria, especially in the northern part of the country
Nigeria, an ethnically diverse country with Christianity and Islam being major religions, is often faced with religious and ethnic unrest, which has led to the deaths of thousands of people.
On Saturday, the disturbing trend reared its ugly head again with the killing of Buda, the Sokoto butcher, exactly one year after Deborah Samuel, a 200-level student of Shehu Shagari College of Education, Sokoto, was beaten to death and set ablaze over alleged derogatory comments against Prophet Muhammad.
A video went viral on the internet on Sunday, June 25, 2023, showing the Sokoto butcher being stoned by an irate mob, including minors until he lost consciousness. He was later confirmed dead at Usmanu Danfodio Teaching Hospital Sokoto (UDUTH).
Perhaps due to Nigeria’s present political sensitivity, where the country appears to be deeply divided across ethnic and political lines, the incident, which was widely condemned, majorly by non-Muslims, received little response from many Nigerian political elites. The same silence when Deborah Samuel became a victim of jungle justice over alleged blasphemy.
Buda’s death is one of many cases where lives have been lost due to religious intolerance, leading many Nigerians to question what entails blasphemy in the Nigerian constitution.
What is regarded as blasphemy in Nigeria?
Blasphemy refers to the act of showing contempt or irreverence towards religious beliefs, deities, or sacred symbols. In Nigeria, blasphemy is a sensitive and controversial subject that does not have a specific statute or distinct offense. Instead, blasphemy is generally addressed under different provisions of the Nigerian Penal Code and the Criminal Code, which are applicable in different regions of the country.
According to Section 204 of the Nigerian Criminal Code of Conduct, intentional insults against the faith of another carry a penalty of two years in prison.
“Any person who does an act which any class of persons considers as a public insult on their religion, with the intention that they should consider the act such an insult, and any person who does an unlawful act with the knowledge that any class of persons will consider it such an insult, is guilty of a misdemeanor and is liable to imprisonment for two years.”
However, some Nigerians argue that there is ambiguity in what exactly constitutes an insult and that the Criminal Code appears to be in direct conflict with Sections 38 and 39 of the Nigerian Constitution.
While Section 38 grants Nigerians the freedom of thought, conscience, and religion, including the freedom to change their religion or belief, and freedom, which some believe includes the soundness of mind to question the ‘worthiness’ of other religions, Section 39 provides the legal backing for expressions.
It states, “every person shall be entitled to freedom of expression, including the freedom to hold opinions and to receive and impart ideas and information without interference.”
While the disparity on what constitutes blasphemy lingers, Sharia law, established shortly after Nigeria’s return to democracy in 1999, and practiced by 19 states in Northern Nigeria, blasphemy is considered heinous and can be punishable by death. Utterances or actions deemed to insult God or Prophet Muhammad carry heavy punishment although many believe it contravenes the Nigerian constitution, and have mounted campaigns against the law.
Kolawole Babatunde, a legal practitioner, told Neusroom that while the punishment differs, blasphemy is a crime under both Nigeria’s secular and Sharia law.
“Blasphemy is a crime under Sharia law, but obviously, the punishment is not lynching or being stoned to death or burnt alive,” he said.
He added, “the procedure of punishing blasphemers includes arresting the person and charging them in a Sharia court. You don’t just pick someone from the street, accuse them of blasphemy or any other crime, and try them under Sharia law. Accusers will first be asked if they prefer to be tried under the principles guiding Sharia law.”
In October 2007, a Christian, Sani Kabili, was convicted of blasphemy by a Sharia court in Kano and sentenced to three years in prison. His sentencing was overturned by an appeal in February 2009.
Reacting to the death of Buda, the Governor of Sokoto State, add his name, in a statement on Sunday, June 25, promised that blasphemers in the state would be decisively dealt with.
“The present administration will not take the issue of blasphemy lightly and will deal decisively with anyone found guilty of any act aimed at degrading the personality of Prophet Muhammad, peace be upon him, in line with the provisions of Islamic laws,” he said.
Babatunde, however, insists that the spate of mob actions against people accused of blasphemy is due to a lack of proper legal actions against those who take the law into their own hands.
“There is little to no punishment for those who carry out gruesome murders against accused blasphemers. Nothing under Islamic or Sharia law encourages one to be lynched for alleged blasphemy. Many people do not understand Sharia law and what it entails. For instance, you need five witnesses to prove a case of adultery and most crimes with capital punishment under Sharia law. In that same light, to prove a case of blasphemy is extremely difficult.”
