The Arrest of Mubarak Bala

A file photo of Mubarak Bala

      Mubarak Bala, an atheist and the president of the Humanist Association of Nigeria (HAN) has been arrested for a Facebook post in which he allegedly insulted Prophet Muhammad. He was arrested on Tuesday 28th April, 2020.

A group of lawyers had petitioned the Kano State Police Command to prosecute Mubarak for insulting Prophet Muhammad on his Facebook page. 

Mubarak Bala will likely be handed over to the Kano State Police Command who will in turn prosecute him for blasphemy, a crime which contravenes the Sharia Penal Code.

Bala was born and raised a Muslim but converted to atheism in 2014. After his conversion, he was considered to be an apostate and he was forcibly committed to a psychiatric institution in Kano for eighteen days, during which he was forcibly drugged after stating that he was an atheist.

This act is a contravention of his Right to dignity of human person, Right to freedom of thought, conscience and religion and his Right to freedom of movement because he was confined during that period; these rights are guaranteed under sections 34, 38 and 41 respectively.

      Section 204 of the Criminal Code Act tagged ‘Insult to a religion’ provides that:

“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.”

In sharia law, blasphemy carries several punishments that include the death sentence and considering the fact that he is non-Muslim, it is argued that the Sharia Law should not apply to him.

Both provisions as regards blasphemy are inconsistent with the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

Section 38 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) is to the effect that everyone has the right to freedom of thought, conscience and religion. 

Section 38(1) states that: 

“Every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his religion or belief, and freedom (either alone or in community with others, and in public or in private) to manifest and propagate his religion or belief in worship, teaching, practice and observance.”

This provision supports the fact that a person can change his religion at any point in time and should not be forced into joining a particular religion.

Bala’s arrest over a Facebook post is also a contravention of his Right to freedom of expression and the press as contained in Section 39 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

Section 39(1) provides that:

“Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.”

Section 1(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) is to the effect that the Constitution is supreme, Section 1(3) states that:

“If any other law is inconsistent with the provisions of this constitution, this constitution shall prevail, and that other law shall to the extent of the inconsistency be void.”

      In light of this, the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) shall prevail over the provisions of the Criminal Code Act and the penal code.

Though Nigeria has had her fair share of draconian rule, we are now in a democratic society and as such the rule of law should be upheld.

Bala merely expressed his opinions, as constructive criticism is allowed in every sphere of life.

I join the international community and Nigerians alike to call for his unconditional release from detention.