US embassy cable - 03ABUJA1667

Disclaimer: This site has been first put up 15 years ago. Since then I would probably do a couple things differently, but because I've noticed this site had been linked from news outlets, PhD theses and peer rewieved papers and because I really hate the concept of "digital dark age" I've decided to put it back up. There's no chance it can produce any harm now.

AMINA LAWAL - CONVICTION OVERTURNED

Identifier: 03ABUJA1667
Wikileaks: View 03ABUJA1667 at Wikileaks.org
Origin: Embassy Abuja
Created: 2003-09-25 15:25:00
Classification: UNCLASSIFIED//FOR OFFICIAL USE ONLY
Tags: PGOV PHUM PREL NI
Redacted: This cable was not redacted by Wikileaks.
This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS ABUJA 001667 
 
SIPDIS 
 
 
SENSITIVE 
 
 
E.O. 12958: N/A 
TAGS: PGOV, PHUM, PREL, NI 
SUBJECT: AMINA LAWAL - CONVICTION OVERTURNED 
 
SENSITIVE BUT UNCLASSIFIED, NOT FOR PUBLICATION ON THE 
INTRANET OR INTERNET. 
 
 
1. (SBU) In a four to one majority decision, the Katsina 
State Shari'a Court of Appeal overturned Amina Lawal's March 
2002 adultery conviction and sentence of stoning to death, on 
the grounds that the conviction had been reached through bad 
court procedure.  A copy of the decision, which was announced 
in the Hausa language, was not immediately available.  Ms. 
Lawal has been released from custody.  It is possible that 
she could be re-charged and retried, but this is most 
unlikely.  The press is reporting that the prosecutor has 
already declared publicly there will be no further legal 
action against Ms. Lawal. 
 
 
2. (SBU) Amina Lawal had originally been convicted in a local 
Islamic Law (Shari'a) court on a charge of adultery in March 
2002.  The only evidence was a child two years after she had 
become divorced and a confession, later withdrawn, obtained 
while she was without legal counsel.  Ms. Lawal's sentence of 
death by stoning was suspended by the original court until 
her child was weaned. 
 
 
3. (SBU) Nigeria's Constitution provides that states may 
elect to apply Shari'a, and Nigeria's courts have long done 
so in civil cases concerning family matters.  Since January 
2000, 12 northern states out of Nigeria's 36 states have 
added criminal and penal codes based on Shari'a.  Nigeria's 
Constitution also rules out extreme punishments, an indirect 
reference to such Shari'a-based punishments as stoning for 
adultery, but the appeals court's decision today was to throw 
out the entire conviction on grounds that it was reached 
through bad court procedure.  Such cruel punishments would 
also contravene various international human rights agreements 
to which Nigeria is a party, such as the Universal 
Declaration on Human Rights, but these too appear not to have 
been the basis for the appeal court's decision. 
MEECE 

Latest source of this page is cablebrowser-2, released 2011-10-04