Nigerian atheist and vocal opponent of Religion Mubarak Bala was freed after more than four years in prison on blasphemy charges related to a 2020 Facebook post. He was originally given a 24-year sentence, but an appeals court eventually lowered it because it thought the punishment was too harsh. After converting to Islam in 2014, Bala was imprisoned in the mostly Muslim city of Kano under conditions that may have killed him. Bala has been released, but he is still in a safe house because of worries about his safety in a very conservative nation where blasphemy is illegal under both secular and Sharia law.
Although many, including his legal team, were taken aback by Bala’s guilty plea during his 2022 trial, he clarified that it relieved pressure on his supporters, especially friends and family, whom he believed may also be singled out. International disapproval of his sentence sparked new discussions regarding Nigerian free speech. Nigeria’s modest atheist and humanist communities were likewise stifled by the case. Bala, who was incarcerated when his kid was a baby, is eager to reunite with his family now that he is free. Bala said he never regretted his action since he was always conscious of the possible repercussions, even though it came with dangers and sacrifices.
Penal codes which punish blasphemy with harsh penalties, including death.
Both colonial-era regulations and the introduction of Sharia law in some northern regions are the origins of Nigeria’s blasphemy laws. The Nigerian Criminal Code’s Section 204 makes it illegal to publicly disparage any religion, with jail time as one of the punishments. Also, since 1999, twelve northern states have implemented Sharia penal codes, which punish blasphemy with harsh penalties, including death. Because these two Legal Systems run concurrently, enforcement varies by location. While secular courts handle blasphemy trials in other regions, Sharia courts handle them in the northern states, which are primarily Muslim.
There have been significant ramifications for Nigeria’s legal, social, and political spheres from the case of Mubarak Bala, a well-known atheist and president of the Humanist Association of Nigeria. After being arrested in April 2020 on suspicion of posting blasphemous content on Facebook, Bala spent more than a year in custody without being charged, without access to legal representation, and under cruel treatment. In April 2022, he entered a guilty plea to 18 charges and was given a 24-year prison sentence by a Kano State High Court.
Humanists and atheists in Nigeria encounter numerous obstacles.
This action alarmed his legal staff and sparked questions about potential coercion. His conviction highlighted the conflicts between Nigeria’s blasphemy laws, especially in Sharia-compliant jurisdictions, and the country’s constitutional provisions of freedom of expression and speech. Atheists and humanists in Nigeria encounter numerous obstacles, such as threats of violence, societal persecution, and social taboos that ban them. For their own safety, many are forced to hide their convictions. Bala’s case has made these difficulties worse by spotlighting the precariousness of their circumstances and causing dread in these communities.
According to Humanists International, Nigerians who are not religious are frequently harassed and portrayed as immoral, which further isolates them from society. A complicated legal environment is produced by the interaction of Nigeria’s Sharia and secular laws. Though freedom of thought, conscience, and religion is guaranteed by the federal constitution, the implementation of Sharia law in twelve northern states has resulted in legal inconsistencies, especially with regard to blasphemy. Religious minorities and people who have divergent opinions are frequently harmed by this duality, which leads to uneven enforcement and legal ambiguities.
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Applying Human Rights protections consistently throughout the nation is made more difficult by the cohabitation of various legal systems. Nigeria’s blasphemy laws, which are shaped by Sharia law and colonial legacies, are applied differently in different parts of the country, illustrating the legal plurality of the nation. International organisations, activists, legal experts, and religious leaders have all had differing opinions about Mubarak Bala’s case, which has brought attention to the conflicts between various legal systems and basic human rights. It highlights the vulnerable position of Nigeria’s humanist and atheist communities and raises concerns about how blasphemy laws relate to constitutional liberties.