UN experts have appealed to the Nigerian government to immediately and unconditionally release Yahaya Sharif-Aminu, who was convicted of blasphemy for writing a song and sharing it on a social messaging service.

Mr Sharif-Aminu was sentenced to death by hanging in August 2020 by an Upper Shari’a Court in Kano, North-west Nigeria, for an allegedly blasphemous song he composed concerning the Islamic prophet, Muhammad.

But on appeal instituted by the convict, the Kano State High Court in January 2021 quashed his conviction and sentence on the grounds that his trial at the Sharia court was characterised by procedural irregularities. On that basis, the court ordered his retrial.

Similarly, in August 2022, the Court of Appeal in Kano, upheld the decision of the Kano State High Court, by quashing Mr Sharif-Aminu’s conviction and ordering his retrial.

Mr Sharif-Aminu, still held in detention, has proceeded to the Supreme Court to challenge the order for retrial.

“Although his death sentence was quashed by a court of appeal, we remain deeply concerned 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 UN experts said in a statement issued on Thursday.

The UN experts include Alexandra Xanthaki, Special Rapporteur in the field of cultural rights; Nazila Ghanea, Special Rapporteur on freedom of religion or belief, and Irene Khan, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression.

The rest are Margaret Satterthwaite, Special Rapporteur on the independence of judges and lawyers; Morris Tidball-Binz, Special Rapporteur on extrajudicial, summary, or arbitrary executions.

Abolition of death penalty for blasphemy

They urged the Nigerian government to abolish the imposition of the death penalty for the crime of blasphemy and ensure it is restricted to the “most serious crimes”, after a fair trial upholding fundamental safeguards, in accordance with the country’s obligations under international human rights law.

“We note that the Supreme Court of Nigeria has been seized of the matter but remain deeply concerned that Mr. Sharif-Aminu has been in prison for too long for exercising his human rights,” the experts said.

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They recalled that all people have the right 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.

“We urge the Supreme Court to consider Mr. Sharif-Aminu’s case as a priority, and to urgently adopt a decision taking into consideration Nigeria’s obligations under international human rights law,” the experts said.

They requested the government to promptly review Mr Sharif-Aminu’s situation, guarantee protection of his human rights and ensure his physical and psychological well-being as well as that of anyone seeking to assist him to defend his human rights.

“Should the death sentence be re-confirmed by a court, the Government must issue a stay of execution until Nigeria’s laws comply with its international human rights obligations in matters relating to the death penalty,” they said, adding that imposition of the death penalty on charges of blasphemy would amount to an arbitrary deprivation of life under international law.

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The experts also recommended that Nigeria establish a moratorium on the death penalty, with a view to completely abolishing it.

The statement revealed that the experts had raised Mr Sharif-Aminu’s case with Nigerian authorities since his arrest in 2020.

The special rapporteurs, independent experts and working groups are part of what is known as the special procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms. Special Procedures mandate-holders are independent human rights experts appointed by the Human Rights Council to address either specific country situations or thematic issues in all parts of the world.