UN Working Group Confirms FRF’s Stand

Yahaya Sharif-Aminu’s Detention Violates Human Rights.

The Foundation for Religious Freedom (FRF) welcomes the recent publication of Opinion No. 32/2024 by the United Nations Working Group on Arbitrary Detention. This landmark decision sheds light on the injustice suffered by Yahaya Sharif-Aminu and confirms FRF’s long-held position: his arrest, trial, and continued detention violate Nigeria’s obligations under international human rights law.

Summary of the UN Working Group’s Opinion

The UN Working Group examined the circumstances surrounding Yahaya Sharif-Aminu’s arrest, trial, and sentencing under Kano State’s Sharia Penal Code. It concluded that his detention is arbitrary and falls under three critical categories of human rights violations:

Category I – The lack of legal basis for his arrest and detention, including being held incommunicado and denied due process.

Category II – His prosecution resulted directly from exercising his right to freedom of religion, thought, and expression.

Category V – His detention was discriminatory, targeting him as a member of a religious minority.

The Working Group unequivocally stated that Nigeria must release Yahaya immediately and compensate him for violating his fundamental rights. It further urged the Nigerian government to conduct an independent investigation into the circumstances of his arrest and trial to hold those responsible accountable.

Validation of FRF’s Advocacy

Since his unjust arrest in March 2020, Yahaya Sharif-Aminu—a young Nigerian musician—has endured years of systemic injustice. Convicted without legal representation and sentenced to death under Kano State’s Sharia laws, Yahaya’s case has highlighted serious procedural irregularities and constitutional violations. FRF has consistently argued that:

Yahaya’s arrest and trial were unlawful and unconstitutional.

Kano State’s Sharia Penal Code exceeds its constitutional mandate, which limits Sharia laws to personal matters such as marriage, inheritance, and family affairs.

Yahaya’s continued detention despite these violations amounts to a grave miscarriage of justice.

The UN Working Group’s opinion affirms these points. It underscores that Nigeria, as a signatory to international covenants such as the International Covenant on Civil and Political Rights (ICCPR), has failed to protect Yahaya’s fundamental rights, particularly his freedom of expression and religion.

Nigeria’s Silence: A Missed Opportunity

The UN Working Group formally invited the Nigerian government to respond to its findings and clarify the legal basis for Yahaya’s continued detention. Regrettably, the Nigerian authorities chose not to engage with the Working Group’s investigation. This silence only deepens concerns about the government’s commitment to upholding international human rights standards and addressing systemic injustices.

Call to Action: Immediate Release and Compensation

The Nigerian authorities must heed the UN Working Group’s decision. The following steps are imperative:

Immediate Release: Yahaya Sharif-Aminu should be released without further delay. His continued incarceration, despite procedural irregularities and the violation of his rights, is unjustifiable.

Compensation: The government must compensate Yahaya for the physical, emotional, and financial toll inflicted upon him and his family over the past four years.

Legal Reforms: Kano State’s Sharia Penal Code must be re-evaluated to ensure alignment with Nigeria’s constitutional and international human rights obligations.

FRF’s Continued Advocacy

The FRF remains unwavering in its commitment to securing justice for Yahaya Sharif-Aminu. We will continue to advocate relentlessly for his release, compensation, and the abolition of unconstitutional blasphemy laws that target religious minorities. Yahaya’s case is not only about one individual’s freedom but also about protecting the principles of tolerance, the rule of law, and freedom of religion in Nigeria.

The UN Working Group’s opinion is a powerful reminder that no one should suffer persecution for peacefully expressing their beliefs. The Nigerian government has an opportunity—and a responsibility—to right this wrong and demonstrate its commitment to justice and human rights.

We will not rest until Yahaya Sharif-Aminu is free and justice is served.

Read the entire UN Working Group Opinion here.

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