Nigeria: Grave Health Concerns For Singer On Death Row
The death sentence imposed on Yahaya Sheriff-Aminu by the Upper Sharia Court in Nigeria’s Kano state was widely criticized both domestically and internationally - including by the European Parliament, who during its session of 20 April 2023 called on Nigerian authorities to release Yahaya Sheriff-Aminu. UN experts on 16 May 2024 also called for the release of Yahaya Sherrif-Aminu. Furthermore, there were serious concerns about the fairness of Yahaya Sheriff-Aminu’s trial and the framing of the charges against him. Before and during the trial, he was not permitted legal representation. He was finally granted access to legal advice to prepare an appeal after human rights lawyers and activists pressured the court to respect his right to legal representation. In Kano state under the Sharia law, “blasphemy” is a criminal offence which carries the death penalty.
The death penalty remains a lawful punishment in Nigeria and continues to be imposed throughout the country. In 2023, more than 246 new death sentences were recorded. In total, more than 3,413 people were under death sentence by the end of the year. In Nigeria, the 2004 National Study Group on Death Penalty and the 2007 Presidential Commission on the Administration of Justice both stressed that the Nigerian criminal justice system cannot guarantee a fair trial and called for a moratorium on the death penalty.
The blasphemy laws and their implementation violate Nigeria’s obligation to respect and protect the right to freedom of opinion and expression, set out in Article 19 of the ICCPR. Article 19(1) of the ICCPR states that everyone has the right to hold opinions without interference. Article 19(2) states that everyone has the right to freedom of expression, including the right to seek, receive and impart information and ideas of all kinds through any media. Under Article 19(3), certain restrictions may be imposed on the exercise of the right to freedom of expression (but not the right to freedom of opinion), but only if such restrictions meet the strict test of being provided by law and demonstrably necessary and proportionate for one of the specific legitimate purposes which are permissible under international law.
The UN Human Rights Committee, in its General Comment no. 34 on freedoms of opinion and expression, has expressly stated that “Prohibitions of displays of lack of respect for a religion or other belief system, including blasphemy laws, are incompatible with the Covenant [ICCPR], except in the specific circumstances envisaged in article 20, paragraph 2, of the Covenant.” Article 20(2) of the ICCPR requires that “Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, shall be prohibited by law.” (para. 48).
The African Commission on Human and Peoples’ Rights (African Commission) has repeatedly adopted resolutions on the death penalty, calling on States Parties to the African Charter on Human and Peoples’ Rights – such as Nigeria – to “observe a moratorium on the execution of death sentences with a view to abolishing the death penalty” and to ratify the Second Optional Protocol to the ICCPR, aiming at the abolition of the death penalty, including most recently in November 2024
Detention conditions in Nigeria are harsh, with food, healthcare and other conditions falling short of the minimum requirements set out in the UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) and other international standards.