Non-Religious Nigerians Risk Their Freedom and Their Lives
In Nigeria, a country divided by Christians and Muslims with a few northern states abiding by Sharia law, atheism remains a social taboo. Non-religious people are often seen as second or third-class citizens and are commonly discriminated against or even persecuted. According to the Humanist Association of Nigeria (HAN), outspoken atheists are seen as blasphemous and can be tried in court under Sharia law. The most recent and controversial case in the country for blasphemy has been against Mubarak Bala, the president of HAN and a known critic of religion for his anti-god social media posts. For a Facebook post posted on April 27, 2020, Bala was arrested and charged with blasphemy under the Kano High Court in his home state of Kano. On Tuesday, April 5, 2022, he pleaded guilty and was sentenced to 24 years in prison.
On Bala’s Facebook post, he claimed that there is no difference between the Lagos Prophet TB Joshua and Saudi Arabia’s Muhammadu, both of whom he compared to terrorists (this is a rough translation of Hausa). He wrote in a second post, “Whoever believes religion has been duped – If you can’t take blasphemy against Islam, criticism of its doctrines, this page is not for you.”
A group of lawyers in private practice contacted the police in light of the post, according to the Council of Foreign Relations. The court deemed Bala’s post “capable of breaching public peace” in the mainly conservative country. Judge Farouk Lawan initially sentenced him to 45 years, but after Bala admitted to the 18 charges placed against him, the sentence was reduced to 24 years. In his plea Bala sought “mercy and leniency” and admitted to the breach of public peace caused by his post, claiming that he wasn’t aware of the reactions it would elicit from the religious community. Out of concern for the implications, Bala would soon undergo, his lawyer, James Ibor, asked the judge to make sure that the plea was not made under any coercion or intimidation. Bala denied the claim. Though his plea cannot be taken back, Ibor said he has the possibility to appeal the length of the sentence.
He “fully knew the risks he was taking, opposing northern clerics who yield significant power and influence,” say people close to him. In 2014, he was forcibly admitted by his own family—who raised him in a traditional, prominently Muslim environment—to a psychiatric ward for 18 days, simply because he said he didn’t believe in god. A year earlier, he had embraced atheism and fully rejected Islam after being exposed to a video of the beheading of a Christian woman in 2013, he claimed.
In the aftermath of this experience, Bala became a vocal advocate for Nigerian atheist rights and freedoms. An atheist is typically defined as an individual who lacks belief or disbelieves in the existence of a god or gods. However, in Nigeria, where religious beliefs pervade social life, being openly faithless includes many risks in family and social life, and for one’s freedom. “It takes courage” to oppose religion in Africa, where “it is generally accepted that to be African is to be religious,” says David Ngong, a Cameroon-born professor of African religion in Alabama. According to the US Commission on International Religious Freedom, 25 African nations have statutes outlawing blasphemy, defined as offensive behavior against a deity or idea considered sacred. In Nigeria’s secular courts, the harshest penalty is a two-year prison sentence, while in the Islamic courts, it’s death. Despite this, only one death sentence—to the public’s knowledge— has ever been carried out by a Shari’a court since 1999. Shari’a law has faced controversy and harsh criticisms by the Human Rights Watch, UNICEF, NGOs, and non-Muslims in the northern state of Nigeria who argue Shari’a law contradicts the country’s constitution. A major case that brought this issue to light was the 2002 sentencing of Amina Lawal to death by stoning as a punishment for adultery. After international support and a thorough trial, she was discharged, but Shari’a law still maintains significant power in the northern states of Nigeria.
In contrast to the secular courts, the Islamic courts of Nigeria have the ability to carry out harsh sentences under Sharia law, which considers blasphemy a capital crime. Sharia is implemented in the Islamic northern states and is only supposed to subject Muslims to its criminal laws as it is limited under federal courts. Though federal authorities have the ability to prevent inhumane sentences, their power has continued to decrease since the Sharia law was implemented in 1999. First, they must know the criminal case in order to intervene. If the defendant lacks a lawyer or is unable to obtain media access during their trial, they can be subject to the religious court’s discretion. And, punishments often garner public support. In fact, there have been “escalating sharia law court cases and punishments,” including flogging, amputations, and stoning, as recently as the last few years. For example, when musician Yahaya Sharif-Aminu was arrested and sentenced to death by hanging in 2020 for a song he circulated on WhatsApp, a mob burned down his house without consequences. According to Amnesty International, he was not even allowed legal representation during his trial under the Sharia Court, which charged him with blasphemy.
Formal and informal militias—described as Islamic police— are also becoming increasingly powerful. The Hisbah, a vigilante group, is often recognized by northern states to enforce Sharia law. On the other side, some Nigerian qadis (Sharia court judges) have expressed a need for reform and argue against the enforcement of inhumane punishments under Sharia law, claiming that most have been imported from the Middle East and are not in line with true Islam.
Many individuals and groups have sought to end the discrimination and persecution against non-religious peoples. But, recognition by the government has been the main issue. As recently as 2017, HAN was finally recognized as a registered organization. Before this achievement, the lack of recognition had prevented the organization from speaking out against the death penalty.
With its recent recognition, HAN has sought to abolish blasphemy laws and inequality between religious and non-religious peoples. Its mission is to provide a community for non-Muslims, to ensure dignity, and to promote the critical thinking of Nigerians to “robustly engage all stakeholders, agencies, and institutions, in pursuant of a democratic, tolerant and secular Nigeria.”
The growing pressure from Nigerian humanists and atheists and international human rights groups, like the International Humanist and Ethical Union (IHEU), caused the federal government to finally recognize HAN, said founder Leo Igwe. “It has become clear to the Nigerian authorities that the humanist movement is not the one that they can easily push aside or ignore,” he stated. But, in light of Bala’s case, Igwe expressed his worry about human rights in Nigeria. “Humanists will be, by implication, criminal,” he said.
If there is one thing Bala’s case highlights, it is the need to reform the Nigerian constitution and government. The harsh and inhumane punishments given out by the Shari’a courts have repeatedly been denounced by human rights organizations and the international community, as the punishments violate several human rights documents. This issue continues to exist and needs to be more strongly addressed in schools, by other governments, and by the Nigerian government.
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