One year after: Authorities must comply with Federal High Court decision to release Mubarak Bala on bail

GENEVA (28 April 2021) – UN experts* today called on Nigerian authorities to comply with the decision of the Federal High Court to release the prominent humanist and rights defender Mubarak Bala on bail.

“Today marks one year since Mr. Bala was arrested and detained in Kano State, without any formal charges, on allegations of blasphemy. His arbitrary detention has continued despite our appeals to the Government in May and July last year,” the human rights experts said.

As president of the Humanist Association of Nigeria, Mr. Bala had led human rights education campaigns promoting freedom of religion or belief and worked to raise awareness about religious extremism. His arrest on 28 April 2020 followed a petition filed with Kano police a day earlier alleging that he had insulted the Prophet Muhammad in Facebook posts.

“The arrest and prolonged detention of Mr. Bala is not only a flagrant violation of fundamental rights, but it has also had a chilling effect on the exercise of fundamental freedoms in Nigeria,” the UN experts said. “Through his continued detention, the Government is sending the wrong signal to extremist groups that the silencing and intimidation of human rights defenders and minority non-believers is acceptable.”

On 21 December 2020, the Federal High Court in Abuja ruled that Mr. Bala’s detention, as well as the denial of his ability to choose his own legal representation, constituted gross infringements of his rights to personal liberty, fair hearing, freedom of thought, expression and movement. The Court ordered his release on bail and that he be awarded damages of 250,000 Naira (about 650 US dollars).

“We are disappointed that the respondents failed to comply with the Court’s order and blatantly undermined the competence of the judicial system,” said the experts. “The Government must take action to ensure that the responsible authorities respect the due process and enforce the judicial ruling.”

On 27 January, Mr. Bala’s lawyer filed another petition to the Federal High Court in Abuja to summon for Mr. Bala’s bail pending trial, if any. A hearing was scheduled for 20 April, which has not yet taken place because Courts are on strike.

“As soon as the Courts resume, the hearing of the new petition must proceed promptly and the authorities must end this unjustified prolonged detention of Mr. Bala for good,” the experts said.

“We remain deeply concerned for Mr. Bala’s security due to continuous death threats and his overall well-being in detention. Such prolonged incarceration may also amount to a form of psychological torture that could severely impact on his mental and physical health in consequence.

“International law protects everyone’s freedom of thought, conscience and religion or beliefs and the right to opinion and expression but it does not protect religions or beliefs per se. The use of blasphemy law is against international human rights law and the imposition of death penalty based for blasphemy is doubly egregious,” stressed the experts.  

ENDS

*The experts: Mr. Ahmed Shaheed,Special Rapporteur on freedom of religion or belief; Ms. Mary Lawlor, Special Rapporteur on the situation of human rights defenders; Mr.Nils Melzer, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment; Ms. Tlaleng Mofokeng, Special Rapporteur on the right to physical and mental health; Mr. Morris Tidball-Binz, Special Rapporteur on extrajudicial, summary or arbitrary executions;  Mr. Fernand de Varennes, Special Rapporteur on minority issues; Ms. Irene Khan, Special Rapporteur on the promotion and protection of the right to freedom of expression; and Mr. Diego García-Sayán, Special Rapporteur on the independence of judges and lawyers.

Special Rapporteurs are part of what is known as the Special Proceduresof 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 that address either specific country situations or thematic issues in all parts of the world. Special Procedures’ experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.

Check the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief

UN Human Rights, country page: Nigeria

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