Court
Overturns Stoning Sentence of Woman in Nigeria
Amina
Lawal Case Update - Sept. 25, 2003
Court
Overturns Stoning Sentence of Woman in Nigeria
New York Times
By SOMINI SENGUPTA
ATSINA, Nigeria, Sept. 25 — An appeals court today overturned the conviction of the Nigerian peasant woman whose sentencing to death by stoning had incited international condemnation and focused attention on Islamic law here.
Amina Lawal, 32, had been convicted of adultery for having had a child out of wedlock, two years after she divorced her husband. She would have been the first woman stoned to death since 1999 when 12 states in the predominantly Islamic north began adopting strict Islamic law, or Shariah.
Four of five judges on the Shariah court of appeals in the northern state of Katsina voted to throw out the case, saying that the lower court failed to follow rules of procedure.
Among several findings, the judges said that Ms. Lawal, who had admitted to a lower court of having had a relationship with the man who fathered her child, should have been allowed to retract her initial confession because she had not properly understood the charges against her.
The court also said the Shariah police had improperly interrogated and arrested Ms. Lawal.
Finally, the court cited the so-called sleeping embryo theory in Islamic scholarship that says an infant can be in gestation for up to five years, in effect saying that Ms. Lawal could have conceived her child when she was still married.
Ms. Lawal has identified her alleged sexual partner, Yahaya Mohammed, and said he promised to marry her. Mr. Mohammed, who also faced stoning, denied any responsibility and was acquitted for lack of evidence.
After the appellate ruling today in favor of Ms. Lawal, one of her attorneys, Hauwa Ibrahim, said: "That is a victory. She is free. She is discharged."
The lawyer added: "It's a victory for justice. It's a victory for the law. It's a victory for freedom."
The introduction of strict Islamic law in a dozen northern states has triggered deadly clashes between Christians and Muslims. Five Nigerians, including Ms. Lawal, have been sentenced under Islamic law to death by stoning. Three have had their convictions overturned.
Ms. Lawal is the second Nigerian woman to be condemned to death under Islamic law for having sex out of wedlock. The first, Safiya Hussaini, had her sentence overturned on appeal in March.
Catherine Mabille, a representative of Avocats Sans Frontieres, a French lawyers group that was advising Ms. Lawal's defense team, said: "The struggle is not over. It's the beginning of the struggle. We have to really deal with Shariah and find arguments so we can win."
Copyright 2003 The New York Times
Amina
Lawal Decision Adjourned to
September 25, 2003 - Nigeria
Amina Lawal Case Update - August 28,
2003
"Death by
stoning decision adjourned to 25 September. The appeal case of Nigerian
woman, Amina Lawal, sentenced to death by stoning for having a child out
of wedlock, has been adjourned until 25 September."
http://www.amnesty.org.au/women/action-letter09.html
NOTE: This update on the Amina Lawal case is from Amnesty International Australia, which continues to encourage people to sign the petition to spare Amina Lawal's life. Gilles Seguin of Canadian Social Research Links recently wrote to BAOBAB (the Nigerian women's human rights group that has been working on Ms. Lawal's case and others like it) to ask for clarification of the request that appears on their website for people to refrain from signing any petitions or joining a letter-writing campaign.
According to a reply that Gilles Seguin received September 2, BAOBAB considers that "claims of petitions and signature campaign(s) serving as 'pressures ' in influencing the decision of the judges is untrue. What is true is that the due process of law has been followed, which has led to the acquittal of Safiya Husseini, for example. In addition, these claims will only serve to cause more harm than good to Amina Lawal appeal process." (Excerpt from BAOBAB)
Related Links:
E-Petitions and Letter-Writing Campaigns - Yes or No? --- The story of Amina Lawal http://www.canadiansocialresearch.net/petition.htm
BAOBAB for Women's
Human Rights
http://people.ucsc.edu/%7Eacwhite/baobab/
Amnesty International
Australia
http://www.amnesty.org.au/
Amina
Lawal: continuing appeals process to prevent execution by stoning
TAKE
ACTION: Please sign the Amnesty International Petition
Posted Aug 19, 2003
Ms.
Amina Lawal was condemned to death for the crime of adultery
on August 19th 2002, by the Shari'ah courts in Nigeria. The mode of execution
ordered by the religious court was that Ms. Lawal be buried up to her
neck in dirt and then stoned to death.
The execution was postponed only so that she could continue to nurse her
baby.
The baby itself was considered by the Shari'ah court to be prima facie
"evidence of adultery" by the court with respect to Ms. Lawal,
a female defendant, who is a divorced woman. Ms. Lawal was not represented
by a lawyer at her trial. Meanwhile, the male in the case was set free
because under Shari'ah law his denial in court that he engaged in sexual
relations with Ms. Lawal was sufficient for the Shari'ah court to acquit
him of the charge of adultery.
Pending further appeal, Amina Lawal's death sentence under Shari'ah law
is still valid according to the non-secular courts in Nigeria.
The next hearing on the status of the Shari'ah court's order authorizing
the execution of Amina Lawal is set for 27 August 2003.
Amnesty International and other supporters of civil law in Nigeria are
representing Aminal Lawal in her appeal before the Shari'ah courts.
Please follow the
link below in order to sign Amnesty
International's petition on behalf of Ms. Lawal :
http://www.amnesty.org.au/e-card/petition.asp
As far as the efficacy of such petition campaigns go, you should know that a similiar campaign sponsored by Amnesty International has saved other Nigerians condemned to death by stoning under similar circumstances. Please also take the time to forward this message to others.
Please note:
Amnesty International continues to receive queries falsely claiming that Amina Lawal’s execution is imminent - before or on 27 August - and referring to Amnesty International as a source.
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Page created August
19, 2003
Updated September 8, 2003
Last Updated September 25, 2003