arch/ive/ief (2000 - 2005)

Several Northern States in Nigeria have introduced new Sharia Penal Legislation. Thus, they opened the door for the application of death sentences, torture and other cruel, inhuman and degrading punishments. This despite the fact that Nigeria recognises human rights standards and has signed and ratified many international human rights legal instruments. Join the campaign to spare dozens of people in Nigeria from being victims of human rights violations under the new legislation: Amina Lawal © BBC AMINA LAWAL, a 30 year-old Muslim woman, was sentenced on Friday 22 March 2002 to stoning to death by a Shari'ah court at Bakori in Katsina State in northern Nigeria. Amina allegedly confessed to having had a child while divorced. Pregnancy outside of marriage constitutes sufficient evidence for a woman to be convicted of adultery according to the new Shari'ah-based penal code for Muslims, introduced in Katsina State. The man named as the father of her baby girl reportedly denied having sex with her and his confession was enough for the charges against him to be discontinued. Amina did not have a lawyer during her first trial, when the judgement was passed. But she has now filed an appeal against her sentence with the help of a lawyer hired by a pool of Nigerian human rights and women's rights organisations. Amina is awating trial at home. The Shari'ah Court of Appeal of Funtua, Katsina State, set 27 May as the date for the hearing of Amina's appeal against her sentence to death by stoning. The first hearing of the appeal was scheduled for 27 May 2002, but adjourned twice, first to 3 June 2002 and then to 8 July 2002 after Amina Lawal's lawyer argued for an early hearing to take place instead of having the hearing postponed until next year as previously proposed by the court. Amina Lawal is still weaning her baby. Such a long adjournment of the case would have not served any useful purpose and would have deepened the climate of uncertainty created by the whole process. The terms of the bail have also been reviewed. Under these new terms for bail agreed by the court, Amina Lawal will no longer be reporting fortnightly to them. The only condition, however, is that Amina Lawal had to have a 'surety'. Update : On 19 August 2002, a Sharia court of appeal in Funtua took the decision to uphold the sentence of death by stoning imposed on Amina Lawal. This confirmation of the sentence has shocked the civil society in and outside Nigeria, especially all those who have been actively campaigning for Amina's rights to be protected. Amnesty International has expressed its concerned at this latest development in a Press release issued on 19 August 2002 which title is Nigeria: Death by stoning upheld in the case of Amina Lawal, AFR 44/17/2002, News Service N. 145. Amina Lawal was granted 30 days to appeal against the decision. Amina's lawyer has now filed another appeal to be certainly heard at the Upper Sharia court of appeal in Katsina. The court will have to now acknowledge receipt of the new request for appeal and decide a date for the hearing of the next appeal. The line of action should be the same: Please write to Nigerian authorities (to both Nigerian diplomatic representatives in your country and government authorities in Nigeria) and reiterate AI's concerns about the decision of the court to uphold the sentence to death on Amina Lawal. Please use the sample letter given below to illustrate the case of Amina Lawal. Take Action Please write now to the President of Nigeria and the Minister of Justice asking for the supression of the death penalty and cruel, inhuman and degrading punishment at every level of the Nigerian legislation. His Excellency Olusegun Obasanjo, President of the Republic, The Presidency, Federal Secretariat, Phase II, Shehu Shagari Way, Abuja; Fax: 234 9 523 21 36 (press office) His Excellency Kanu Godwin Agabi, Minister of Justice, Ministry of Justice, New Federal Secretariat complex Shehu Shagari Way, Abuja, Federal Capital Territory, Nigeria; Fax: 234 9 523 52 08. email:webmaster@nigeria.gov.ng You may also post messages on the Nigerian Governments discussion board at http://www.nigeria.gov.ng/discussion/index.htm Please send copies to The Nigerian Ambassador/representative or High Commissioner in your respective country LETTER TO SEND http://www.mertonai.org/amina/OpenLetter.htm LETTER TO SEND Your Excellency, I am deeply concerned about the pernicious effects on human beings and on their rights of the introduction of the new Shari'ah based Penal Codes in Northern Nigeria. These new codes establish the death penalty for crimes such as adultery and introduce cruel, inhuman and degrading punishments such as flogging and amputation. All these punishments are in breach of international human rights instruments signed and ratified by your Government, for that reason, I kindly call on your Government to take all necessary measures to secure respect for the rule of law in every part of Nigeria which includes respect for the prohibition on torture and cruel, inhuman and degrading treatment and punishment, such as the practice of corporal punishment. The Nigerian government should also make death penalty a thing of the past. The government of Nigeria must also ensure that no-one is discriminated against before the law on grounds of his or her religion, sex or social status. I also call on the Federal Government of the Republic of Nigeria to ensure that Amina Lawal, who was sentenced to death by stoning for adultery in Bakori, Katsina State, is not executed under any circumstance. Amina has also right to a fair trial, including the right of appeal. Yours sincerely,