Nigeria

Stoning to Death : A woman saved, a man condemned

Paris, 25 February 2003

The FIDH, with its nigerian affiliate the CLO, welcomes the verdict rendered by the Islamic Appeal Court of Katsina acquitting Amina Lawal.

Amina Lawal, a 30-year-old Muslim woman, was sentenced in March 2002 by the Court of Bakori to stoning to death as a punishment for bearing a child out of wedlock.

The Sharia Appeal Court of Bakori confirmed the sentence in August 2002. Helped by two Nigeria women's rights groups, and with the support of the international community, (See FIDH press release on ( www.fidh.org/communiq/2003/ng2802f ) Amina Nawal’s lawyer appealed the decision.

After four delays of hearings, the judges on a majority decision said the acquittal of Ms Lawal was based on procedural errors at her original trial, and also on the fact that her adultery was not proved beyond doubt. They finally emphasized that Sharia entered into force in Katsina State after the birth of Amina’s child and then could not have retroactive effect.

While Thursday's ruling means Ms Lawal can go home a free woman, the issue of Sharia and in particular Sharia punishments has not gone away. Besides, shortly after the verdict, reports were coming in of a Nigerian man being sentenced to death by stoning for sodomy after he allegedly slept with three boys in the northern Bauchi state.

The FIDH recall that it denounces the condemnation to such punishments and their implementation, which violate international human rights instruments, including the African Charter on Human and People’s Rights and the Nigerian Constitution.

The FIDH call on the Federal Government to abolish the death penalty, and thus welcomes the decision taken by the national authorities to organize an upcomming public debate on this matter.

The FIDH recommends further in depth field research and reflection within the international human rights community on the implications of implementing Sharia in Nigeria. The FIDH recommend in particular to the United Nations Special Rapporteur on violence against women and to the Special Rapporteur of the African Commission on Human and People’s Rights on Women rights in Africa to visit Nigeria.

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