The regional court of the Economic Community of West African States has taken the unusual step of issuing a writ of execution to compel Nigeria to comply with its earlier judgment striking down parts of Kano State’s blasphemy laws.
The writ, dated September 23 and received by Nigeria’s Ministry of Justice on October 6, directs the government to repeal or amend provisions of the Kano Penal Code and Sharia Penal Code that the court found to be incompatible with international human rights standards.
In its September ruling, the ECOWAS Court held that Section 210 of the Kano Penal Code and Section 382(b) of the Sharia Penal Code violated Nigeria’s obligations under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights. Both treaties guarantee freedom of expression.
The case was brought by Expression Now Human Rights Initiative, a civil society group that argued the laws were vague, excessive, and used to silence dissent. The court agreed, declaring the provisions unlawful and ordering Nigeria to take corrective action.
A writ is a formal, written order issued by a court that commands compliance. In this case, the writ of execution is the court’s way of saying: “We already ruled that Kano’s blasphemy laws violate international human rights standards. Now we are formally ordering you to enforce that judgment.” Such writs are binding and carry the weight of regional law.
By issuing a writ of execution, the court has moved beyond judgment to enforcement—a rare step in regional jurisprudence. Legal analysts say the move underscores the court’s growing role as a guardian of rights in West Africa, even when rulings touch on sensitive cultural and religious issues.
Such enforcement actions are not unprecedented, but they remain uncommon. In 2018, the court ordered The Gambia to compensate victims of abuses under former President Yahya Jammeh, eventually pressing the government into compliance. Nigeria itself has faced writs of execution in past cases involving unlawful detention and press freedom, while Sierra Leone was directed in 2014 to pay damages in a labor dispute. These examples highlight the court’s willingness to push member states when voluntary compliance falters.
Nigeria’s government has so far acknowledged receipt of the writ but has not announced a formal plan for compliance. The Federal Ministry of Justice confirmed it received the order, yet no timeline has been given for amending or repealing the Kano codes. Analysts say the issue is politically sensitive, given the strong religious and cultural support for blasphemy laws in northern Nigeria.
Civil society groups are pressing for transparency, warning that failure to act could undermine Nigeria’s credibility on human rights and weaken the authority of the ECOWAS Court. Diplomats note that Nigeria’s response will be closely watched across the region, where similar laws remain in force.
The case has drawn attention across West Africa, where blasphemy laws continue to spark controversy. Advocates say the ruling sets a precedent that could embolden challenges to restrictive statutes elsewhere, while Nigeria’s eventual response will serve as a test of its commitment to regional human rights obligations.
