Nigeria

Located on the west coast of Africa, the Federal Republic of Nigeria is characterized by its diverse ethnic groups. According to last available estimates (2015), approximately half of the population are Muslims, about 48% are Christians, and approximately 2% do not belong to a religious group. Many individuals are reported to syncretize traditional indigenous practices with Islam or Christianity.¹

A former British colony, Nigeria’s legal system is a complex blend of English common law, Islamic law, and customary law, which operate to varying degrees across the 36 states that make up the Federal Republic. A weak judiciary results in inconsistent application of the law.²

While the Constitution guarantees religious freedom, the State endorses numerous anti-secular and theocratic policies. The government and non-state militia – such as Boko Haram – constantly violate the rights to freedom of thought and expression.

Nigeria is a member of the Organization of Islamic States.³

Constitution and government

Section 10 of the Constitution⁴ states, “[t]he Government of the Federation of a State shall not adopt any religion as State Religion.” Additionally, Sections 38 and 39 of Nigeria’s Constitution respectively guarantee the rights of citizens to freedom of thought, conscience and religion, – including freedom to change their religion or belief – and the right to freedom of expression.

Politics influenced by ethnicity and religion

Nigeria’s political system, both at the federal and state levels, is characterized by political actors capturing State power and using it to advance the well-being of their respective ethnic or religious groups.⁵ Public trust in government and institutions is reportedly low.⁶

In several instances, politicians have been reported to refer to religion when justifying their stance on legislative proposals and in other political contexts. In 2017, the MP Gudaji Kazaure declared himself to be against family planning as it is against Islamic doctrine, and cited Prophet Muhammad’s words “Marry and have children so that I can be proud of you on the day of judgement’”.⁷ In 2019, a video began circulating on social media showing Senator Dino Melaye campaigning in his home state and reciting the first chapter of the Quran to a roaring Muslim campaign mob.⁸

According to the Centre for Strategic and International Studies,

“The lack of a coherent national identity in Nigeria and the overarching reliance on ethnicity, religion, and regionalism for political identity has historically accounted for electoral violence and attendant insecurity.”⁹

In February 2023, the presidential elections were marked by violence, reportedly, “involving coercive acts targeting individuals, property and infrastructure, with the explicit aim of influencing the electoral process and outcome”.¹⁰ Traditionally, it has been the convention of parties to ensure a balance of the two predominant faiths on their ticket. However, President Tinubu and the APC Party he represents ran on a Muslim-Muslim ticket that reportedly stoked ethno-religious tensions.¹¹

Since coming to power, President Tinubu is reported to have granted significant subsidies to Islamic religious pilgrimages, in a move seen to be pandering to his religious base.¹² A deeply religious man himself, Tinubu has regularly invoked God in speeches.¹³

Regional variation

Sections 275–279 of the Constitution give constituent states the power to establish their own Sharia courts on civil matters. Abiding by Sharia law is required for Muslims in some states but optional in others and enforcement differs by state. Rulings and procedures are sometimes difficult to find. Christians are not obliged to abide by Sharia law in any of the 12 states. The introduction of criminal law aspects of Sharia, the continued State use of resources to fund the mosque construction, education of Kadis (Muslim judges), pilgrimages to Mecca (Hajj), and religious instruction in schools, mean that Islam is often regarded, and is in effect, the de facto State religion of numerous northern states.¹⁴

Proselytizing in public is illegal in some states, on the grounds that it deters ethnic conflict. Religious groups are required to have permits to build places of worship and to hold public gatherings. Christian and Islamic groups are required to register with the Corporate Affairs Commission (CAC) to do so. Religious discrimination is prohibited by law, but there are significant inter-religious social tensions.

Education and children’s rights

Under Article 38 of the Constitution of Nigeria, it is a requirement for all students in the public education system to receive instruction either in Christianity or Islam, though the Constitution states that institutions cannot subject students to instruction in a religion other than that inherited from their family.¹⁵

The Constitution states:

“Section 38:3 No religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any place of education maintained wholly by that community or denomination.”

In 2018, the Minister also brought forward a reform to the school curriculum, introducing an umbrella subject called ‘Religion and National Values Curriculum’, which includes five subjects, taught separately: Civic Education, Social Studies, Christian Religious Knowledge, Islamic Studies and Security Education. The reform also made Civic Education a compulsory subject.¹⁶

The law requires schools to admit children regardless of their religious affiliation or lack thereof. Christian state schools are required to allow Muslim students to wear a hijab. In Islamic state schools, the hijab is required of all female students, regardless of religion, as part of the uniform.¹⁷ However, Freedom House reports that student admission and faculty hiring policies are subject to political interference.¹⁸

Abuse in the Almajiris system

In 2019, a number of Islamic rehabilitation schools (Almajiris) across northern Nigeria were discovered to be abusing hundreds of children. The Nigerian police freed more than 1,000 children from these centers in October 2019 alone, but thousands more could be at risk, as some 10 million children are estimated to attend Almajiris schools across the country. Then President Buhari ordered the police to search for these abusive centers and disband them.¹⁹

Harmful traditional practices

Customary and religious laws implemented in certain states permit harmful traditional practices, such as child marriage and female genital mutilation, among both Muslim and Christian communities.²⁰

Several northern states have failed to fully implement the Child Rights Act adopted by the Federal Republic, as it relates to the legal age for marriage. Some have cited that the regulation of the age of marriage is contrary to their religion and culture.²¹

Among majority Christian communities, the stigmatization of unintended pregnancy is often used as a justification for child marriages.²²

According to the JISRA consortium,

“When it becomes challenging to educate a girl child due to a lack of financial resources, parents consider arranging their marriage at a very early age, often against the child’s will. Early girl-child marriage and forced marriage are significant problems in the communities [in Kaduna and Plateau states].”²³

Family, community and society

Nigeria is a religiously pluralistic country in which an individual’s ethnicity has a bearing on religious demographics. The Hausa-Fulani ethnic group, which is most populous in northern Nigeria, are predominantly Muslim while the Igbo, a major ethnic group in the south, is predominantly Christian. Meanwhile no single religion is in the majority throughout the country. Muslims, who are in the majority in the north are in the minority in Southern Nigeria. Whilst Christians, who are in the majority in southern Nigeria, are in the minority in the north. Nigeria has a volatile ethno-religious mix and ethno-religious violence often erupts.²⁴

Religious identity can become a source of division and animosity when it is used to define in-group and out-group boundaries, fueling prejudices and discriminatory attitudes, including in the workplace. Individuals are reported to circumvent such discriminatory practices by concealing their religion or belief identity.²⁵ This includes non-religious people living in northern states, who have consistently reported to Humanists International that they fear violent reprisals from family and non-state actors, as well as the possibility of discrimination in employment.

In 2022, the government announced that it was considering the introduction of a National Religious Harmony Bill. Reports indicate that the National Assembly has not made a draft of the Bill public, and have not consulted with civil society actors. The Bill proposes to establish a National Religious Harmony Commission.²⁶

Insecurity fuelling divisions

According to the analysis of the German Federal Ministry of Economic Cooperation and Development, as of February 2024:

“Pronounced social inequality and the lack of opportunities are causing tensions within society and have contributed to the recurrent violent conflicts that Nigeria has been experiencing. The government has lost control over some regions. […] Often, social and economic conflict is used as a pretext for pitting ethnic or religious groups against each other.”²⁷

Increased threats to the humanist community

Colleagues in Nigeria report growing tensions and facing increasing threats as a result of their advocacy for humanist values and public support for their colleague, Mubarak Bala, in the wake of his arrest and subsequent conviction.²⁸

Since 2020, Humanists International has received at least 26 requests for help from individuals claiming persecution due to their non-religious beliefs – the majority of whom report residing in northern states, where they are forced to conceal their beliefs and pretend to follow religious teachings if they are to avoid discrimination and violence. The volume of requests has represented the highest in the region year on year.

Many of these people have been outspoken in their support of Mubarak Bala (see Highlighted cases below), or where they were public about their lifestance, have been tainted by association. Threats against the non-religious in Nigeria are common on social media. Many of them come from Northern Nigeria.

Boko Haram

Violence, particularly perpetrated by Boko Haram and its splinter groups, has displaced more than two million people creating a widespread humanitarian crisis.²⁹

The country has been afflicted in recent years by the terrorism of Boko Haram, with abductions, massacres and bomb blasts in Abuja. Boko Haram has deliberately attacked Christians and moderate Muslims during its armed campaign, along with their respective houses of worship.³⁰ Reports indicate that religious extremist insurgents have infiltrated gangs and other violent groups in areas throughout the country.

Given the level of violence perpetrated against moderate Muslims and Christians, one could expect that members of the humanist and non-religious community more generally would face equally harsh – if not, worse – treatment at the hands of religious extremists. The very act of identifying as non-religious may be taken as evidence of ‘apostasy’ or ‘blasphemy’, and therefore serve as justification for vigilante violence.

Witchcraft-related persecution

In Nigeria, people – often women and children – face torture, banishment and even extrajudicial killings due to witchcraft accusations. In the last three years, the organization Advocacy for Alleged Witches has documented over 100 cases of violent attacks on those branded as witches.³¹

Interreligious marriage

According to the Joint Initiative for Strategic Religious Action (JISRA) Consortium – which includes groups of various religious beliefs – interreligious marriages in Kaduna and Plateau states are often discouraged and lead to violence and discrimination from faith leaders and members of the wider community.³²

LGBTI+ rights

Same-sex relationships were criminalized and LGBTI+ advocacy groups were banned in 2014, when former president Goodluck Jonathan signed the Same-Sex Marriage (Prohibition) Act.³³ The law made same-sex relationships punishable by up to 14 years in prison. In October 2020, a judge in a Nigerian court threw out a case against 47 men charged with public displays of affection with members of the same sex after the prosecution failed to attend or present evidence.³⁴ The case has widely been seen as a test case for the Same-Sex Marriage (Prohibition) Act, as the men were the first to face charges under the act.³⁵

LGBTI+ rights are also curtailed by Articles 214, 215, and 217 of the Federal Penal Code.³⁶ Under Sharia law, the maximum penalty is death for those caught. The criminalization of same-sex relationships and activity is reported to lead to discrimination in access to healthcare, access to justice, and employment, and is also reported to have led to increased stigma, arbitrary arrest, harassment and extortion.³⁷

Religious groups are reported to perpetuate harmful practices against members of the LGBTI+ community. In 2020, Hisbah operatives – Islamic police who enforce Sharia law – reportedly arrested 15 members of the LGBTI+ community at a party in Kano. Those arrested were reportedly taken to a correctional center for reorientation. Confirming the arrest, a spokesperson for the Hisbah board reportedly stated, “Islam is opposed to same-sex partners, which is a taboo. As an institution, our responsibility is to correct youths, who are going astray, remind them that devout Muslims should forbid homosexual acts, which will not be tolerated.’’³⁸ Multiple similar instances have been reported since.³⁹

Religious institutions are reported to preach homophobic and transphobic rhetoric. In 2021, the Anglican Church in Nigeria issued a statement condemning the LGBTI+ community and comparing them to “murderers”.⁴⁰

According to research,

“The social stigma, discrimination, and legal restrictions faced by LGBTIQ+ individuals in Nigeria have a profound impact on their right to freedom of thought, conscience, and religion, resulting in exclusion, condemnation, and denial of their ability to freely express their beliefs, convictions, and religious practices.”⁴¹

Conversion therapy

Forcing members of the LGBTI+ community to undertake so-called “conversion therapy” is reportedly common. Parents are reported to be the instigators of such attempts, while religious leaders are reported to be the main perpetrators, conducting a range of interventions including counseling, physical abuse and exorcism.⁴²

According to The Initiative for Equal Rights’ research,

“Efforts to force sexual minorities and gender diverse persons to heterosexuality and cisgender identity can be traced to the religious teachings which promote the idea that homosexuality is innately evil and unnatural, and to laws introduced to criminalise certain sexual acts and same-sex behaviour and marriages.”⁴³

Abortion

Abortion is illegal unless the life of the mother is in danger.⁴⁴ As a result, many women seek out dangerous, illegal abortions, finding themselves at risk of medical complications. Women who face such complications often do not receive further medical treatment.⁴⁵

Media reports indicate that stigma surrounding abortion is particularly strong in Northern States subject to the Penal Code Act, owing to cultural and religious beliefs that view abortion as morally wrong or as a sin.⁴⁶

Southern states operate under the Criminal Code Act of 1960, which allows for broader grounds for abortion, including to preserve a woman’s physical and mental health. However, the interpretation and implementation of these laws reportedly vary, leading to inconsistencies in access to abortion services across the region.⁴⁷

Widowhood practices

Traditional and patriarchal values subject many widows in Nigeria to oppressive and dehumanizing practices that exacerbate their marginalization. Such practices may include compulsory mourning rituals and ritual cleansing, among others. These practices vary from culture to culture, but seem to be particularly prevalent in southern Nigerian communities.⁴⁸ In almost all parts of Nigeria, socio-cultural expectations still demand that widows wear special robes (white or dark dresses) and shave their hair throughout the period of mourning.⁴⁹

Widowhood practices are often enforced by members of the husband’s family. Widows are also treated differently from widowers; men tend to be free from demeaning social expectations.⁵⁰

A bill to amend the Violence Against Persons (Prohibition) Act that would seek to prohibit all forms of widowhood practices, as well as provide remedies for victims, and penalize offenders is reportedly being considered by the government.⁵¹

Freedom of expression, advocacy of humanist values

Freedom of expression is guaranteed under the Constitution, however, this right is restricted in practice by both State and non-State actors. A series of laws prohibiting sedition, criminal defamation, and publication of false news are regularly used by the government to crack down on dissent.

In November 2019, Nigeria’s National Assembly considered two draft legislations: Protection from Internet Falsehood and Manipulation and other Related Offences Bill 2019⁵² and the Bill to establish a National Commission for the Prohibition of Hate Speech.⁵³ If passed into law, the bills will give authorities arbitrary powers to shut down the internet, make criticizing the government punishable with penalties of up to three years in prison, a life sentence and a maximum of the death penalty. Following public outcry, the decision to pass the bills was suspended, but the Bills themselves had not been formally withdrawn as of July 2020.⁵⁴

Media freedom

Journalists often face harassment, intimidation and arrest especially when they cover corruption scandals, human rights violations, separatist and communal violence, elections or other politically sensitive topics.⁵⁵

Limits on artistic freedom

According to the artistic freedom NGO, Freemuse, laws targeting defamation, insult and indecency are frequently utilized to curtail artistic expression in Nigeria. Such sanctions have targeted musicians, artists, filmmakers, and broadcasters who air artistic content contrary to public morals and the broadcasting code.⁵⁶

In January 2023, Tiktoker Murja Ibrahim Kunya was reportedly subjected to psychiatric evaluation and detention in a Kano State correctional facility, in response to complaints from clerics that she used vulgar language and had corrupted the morals of the society in her videos.⁵⁷ Kunya was reportedly sentenced to a further one week’s imprisonment in February 2024 for “immorality” by the Sharia court.⁵⁸

On 30 January 2023, Nigeria’s National Film and Video Censors Board (NFVCB) banned Yoruba-language movie, “Osuwon Mi” for “ridiculing religion and encouraging religious discrimination” through the portrayal of a flirtatious and adulterous woman in a Muslim veil. The NFVCB also promised that punishments acting as deterrence of similar acts in future would include a ban of the movie as well as the sanctioning of lead actress Kemi Ofalabi and the movie producer Bisi Obanla.⁵⁹

In July 2024, the NFVCB reportedly reached out to producers of an upcoming film that depicts the portrayal of the niqab in a robbery scene, following backlash from members of the Muslim community. A representative of Muslim Rights Concern reportedly called for the film to be banned, describing it as “satanic” and accusing it of depicting Muslim women negatively and inciting public hostility towards them.⁶⁰ At the time of reporting, it remains unclear whether the film has been banned.

One of the principal homes of the Nigerian film industry, Kano state (also known as “Kannywood”) reportedly holds particular influence on film production and censorship. In April 2024, Kano authorities reportedly announced that filmmakers that portray violence or cross-dressing may risk imprisonment.⁶¹

In another case, filmmaker Aminu Nasara has reportedly faced threats and been placed on a wanted list by the Kano State Censorship Board for allegedly promoting immorality with his film, “Makaranta.”⁶² Speaking to the media, Aminu Nasara stated, “My film is not only about sex education, it captures other things such as female genital mutilation and it aims to create awareness about things that are happening, not only in our communities but also in schools, as the name of the film portrays.” Moreover, the film was not shot in Kano State.

In a positive development, in 2023, both the Federal High Court of Abuja and the Court of Economic Community of West African States (ECOWAS) both ruled that the imposition of sanctions on radio and TV stations by the National Broadcasting Commission had violated Nigeria’s Constitution.⁶³

‘Blasphemy’

Under the Customary system, applicable nationwide, ‘blasphemy’ is prohibited under section 204 of the Criminal Code.⁶⁴ Section 204, “Insult to religion”, states:

“Any person who does an act which any class of persons consider as a public insult on their religion, with the intention that they should consider the act such an insult, and any person who does an unlawful act with the knowledge that any class of persons will consider it such an insult, is guilty of a misdemeanour, and is liable to imprisonment for two years.”

States subject to Shariah courts can and do implement severe punishments for crimes such as ‘blasphemy’, including execution.

‘Blasphemy’ accusations often trigger mob violence before authorities even get involved. Nigeria’s history is rife with mob killings and deadly riots over alleged ‘blasphemy’ against Islam.⁶⁵ Haruna Lafiagi, an Islamic scholar at Nigeria’s Al-Hikmah University, blames ‘blasphemy’ killings on politicians’ reliance on clerics’ electoral support.⁶⁶

According to domestic media reports, at least 300 people have been killed as a result of violence provoked by ‘blasphemy’ allegations since 1999. Perpetrators of such violent acts face almost complete impunity for their crimes.⁶⁷ In contrast, such killings often receive public support from influential individuals, including Islamic preachers, businessmen and government officials.⁶⁸

In August 2020, Yahaya Sharif-Aminu, described by the BBC as a little-known Islamic gospel musician, was sentenced to death by hanging by an upper Shariah court in Kano state.⁶⁹ Sharif-Aminu was arrested in March 2020 after allegedly saying that Sheikh Ibrahim Niasse, the Senegalese founder of the Islamic Tijjaniya sect, which has a large following across West Africa, “was bigger than Prophet Muhammad”. On 4 March 2020, protestors reportedly burned down Sharif-Aminu’s home and demanded that the Islamic police, Hisbah, take action against him.⁷⁰ It is understood that Sharif-Aminu has filed an appeal against his conviction and sentence. The death penalty was reportedly quashed and a retrial ordered. Sharif-Aminu remains in detention pending re-trial.⁷¹

The same Shariah court in Kano state sentenced 13-year-old Umar Farouq in August 2020 to 10 years in prison with menial labor for ‘blasphemy’.⁷² Farouq was found guilty of offending God, as he had used “foul language” against God during an argument with a friend.⁷³ Farouq has appealed the judgment.

Freedom of association and assembly

International monitor of civil society space, CIVICUS classifies Nigeria as ‘repressed’ owing to the existence of what it describes as severe civic space restrictions.⁷⁴

Police and other State agencies are reported to have disrupted peaceful public gatherings. Section 69 of the Criminal Code Act concerning unlawful assemblies provides that force can be used to dispel acts that disturb the peace. The law fails to define what would constitute a disturbance of the peace. Police and security agencies have been reported to use excessive force – including live bullets and tear gas – against peaceful protesters on multiple occasions.⁷⁵

Highlighted cases

Nigerian human rights activist and President of the Humanist Association of Nigeria, Mubarak Bala,⁷⁶ was sentenced to 24 years in prison, reduced to five years upon appeal, in connection with a petition filed by a law firm alleging that Bala had insulted the Prophet Muhammad in his Facebook posts. Bala was held without access to his lawyers until October 2020. Bala has been the victim of death threats and harassment since he renounced Islam in 2014. In June that year, he was assessed as needing psychiatric help because he was “an atheist” and was held against his will at a psychiatric ward in Kano, northern Nigeria. His father, formerly a senior member of the Islamic religious authorities, had orchestrated Mubarak’s detention after Mubarak had refused to keep quiet about his atheistic views on religion. Bala was freed after nearly three weeks due to a strike at the hospital.

The Humanist Association of Nigeria was denied registration as an organization for many years. Antagonists linked the group to the promotion of gay rights, presuming this to stand against its merits (and in reality it may well contribute to authorities’ refusal to progress a registration). In 2017, the Humanist Association of Nigeria was eventually granted formal recognition after 17 years of campaigning, together with other humanist/atheist groups, including the Northern Nigeria Humanist Movement, the Atheist Society of Nigeria and Lagos Humanists.⁷⁷

Testimonies

“To survive as an atheist, you cannot act like one. If I ever come out in northern Nigeria to say I am an atheist, it will be an automatic death sentence.”
– Anonymous, as quoted in Voice of America⁷⁸

“Your achievements are reduced to nothing if you are irreligious. You are seen as a rebel and as a wayward person.”
– Abosuahi Nimatu, as quoted in Voice of America⁷⁹

1. Note: A Census was conducted in 2023, the results of which were unavailable at the time of reporting. “Nigeria” chapter in 2023 Report on International Religious Freedom, Office of International Religious Freedom, US Department of State, https://www.state.gov/reports/2023-report-on-international-religious-freedom/nigeria/ [↩]
2. Tiwalade Aderoju, “The impact of corruption on the rule of law and the effective administration of justice using Nigeria as a case study”, International Bar Association, 28 April 2023, https://www.ibanet.org/impact-of-corruption-on-rule-of-law-Nigeria; Titilope Joseph, “64th Independence: Erosion of Trust in Judiciary Deepens Concerns For Nigeria’s Future”, Independent Nigeria, 5 October 2024, https://independent.ng/64th-independence-erosion-of-trust-in-judiciary-deepens-concerns-for-nigerias-future/ [↩]
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