The Federal Government has pushed back against the allegations, defending Nigeria’s constitutional and legal safeguards on religious freedom. It maintained that the country neither operates a nationwide blasphemy law nor engages in the persecution of Christians, contrary to claims contained in the proposed U.S. legislation.
In an official policy note titled “Nigeria’s Constitutional Commitment to Religious Freedom and Rule of Law,” published by the Ministry of Foreign Affairs, the government maintained that the country’s constitutional and judicial systems fully protected freedom of religion and conscience while subjecting all state and local laws, including Sharia statutes, to constitutional safeguards and secular appellate review.
According to the statement, Nigeria remains a constitutional, multi-religious democracy” whose 1999 Constitution, as amended, forbids adoption of a state religion (Section 10), guarantees freedom of thought, conscience and religion (Section 38), and prohibits discrimination on grounds including religion (Section 42).
“Sharia in Nigeria is not a nationwide, compulsory system,” the document clarified.
“Certain northern states have enacted Sharia-based criminal provisions that apply only to persons who profess Islam; non-Muslims are not subject to those provisions.
“In civil or personal matters, such as marriage or inheritance, recourse to Sharia is elective, just as parties may choose customary or statutory regimes,” it added.
The Federal Government further emphasised that there was no federal offence of blasphemy in Nigerian law.
It added that national criminal statutes only addressed public-order breaches or acts likely to provoke violence, which are “religion-neutral” and apply equally to all faiths.
“The government of Nigeria does not persecute Christians, in law or policy.
“Nigeria’s legal order protects all faiths equally; Christians freely build and register churches, run schools and charities, and hold public office across the Federation,” the statement read.
It reiterated that Sharia’s scope was constitutionally limited and optional.
“In civil matters, Sharia Courts of Appeal at the state and federal levels have jurisdiction only over Islamic personal law, and parties voluntarily elect this system through their marital or contractual choices.
“In criminal matters, only a handful of northern states have adopted Sharia-based codes, and jurisdiction remains confined strictly to Muslims. Non-Muslims cannot be tried under those laws.
“Even where a first-instance Sharia court enters a conviction, constitutional due-process standards, such as fair hearing, legal representation, and proof standards, apply.
“Secular appellate courts have repeatedly set aside or remitted convictions where procedures or rights were deficient. Sharia adjudication is bounded by the constitution, not above it,” the government explained.
The statement dismissed as inaccurate any claim that Nigeria’s laws or policies tolerated religious discrimination.
“Nothing in Nigeria’s Constitution, Criminal Code, or Penal Code authorises persecution of Christians or adherents of any religion,” it said.
The statement added that public-order offences sometimes described abroad as “blasphemy laws” were in fact content-neutral provisions designed to prevent inter-communal violence.
The note also pointed out that Christian denominations and non-governmental organisations operated freely across the country, while Christians served at all levels of government and the judiciary, demonstrating equal civic participation.
Responding to allegations that Nigeria “tolerates” religiously motivated violence by non-state actors, the government underscored its aggressive counter-terrorism stance.
“Boko Haram and ISWAP remain proscribed under the Terrorism (Prevention) Act, with thousands of arrests, prosecutions, and deradicalisation programmes underway,” it added.
The government said many attacks often framed internationally as “religious” were instead rooted in terrorism, organised crime, resource conflict, and climate stress, adding that federal and state authorities deployed joint operations without bias to faith identity.
“Nigerian authorities consistently condemn sectarian violence, open investigations, and prosecute offenders where evidence meets the legal threshold,” the document stressed.
Nigeria reaffirmed its adherence to international human rights obligations, including the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights, domesticated and enforceable in Nigerian courts.
The government emphasised that all domestic laws, federal or state, must conform to these superior guarantees, and Nigerian courts have consistently upheld that principle in their judgments.
The government criticised the US draft legislation proposing a CPC designation for Nigeria, describing it as “legally and factually flawed.”
It argued that the draft “collapses distinct legal regimes —federal, state statutory, and Sharia — into a single, inaccurate frame,” and wrongly equated neutral public-order provisions with theological blasphemy.
It argued that the draft “collapses distinct legal regimes —federal, state statutory, and Sharia — into a single, inaccurate frame,” and wrongly equated neutral public-order provisions with theological blasphemy.
However, the implementation of Shari’a law has raised concerns about human rights and religious freedom following the reported suppression of non-Muslims through restrictions on public worship, construction of churches, and celebration of religious festivals for traditional religionists.
Also, converts from Islam to Christianity and other religions have alleged persecution, harassment, and even violence, while blasphemy laws are often vaguely worded, allowing for arbitrary interpretation and enforcement. This has enabled mobs to take the law into their own hands, resulting in violent and deadly consequences.
There was national outrage in May 2022 after Deborah Samuel, a second-year student of Home Economics at the Shehu Shagari College of Education, Sokoto, was killed after being accused of blasphemy against Islam. She was stoned and set ablaze by a mob of her fellow students. The perpetrators were not brought to justice.
Usman Buda, a butcher in Sokoto, was lynched by a mob after being accused of blasphemy, sparking widespread outrage. In 2021, a water seller in Bauchi State was beaten and burned to death for alleged blasphemy.
A similar fate befell Bridget Agbahime, 74, who was beaten to death in Kano in 2016, after she was accused of blasphemy against Prophet Muhammad.
