US embassy cable - 01ABUJA2700

C O N F I D E N T I A L ABUJA 002700 
 
SIPDIS 
 
 
E.O. 12958: DECL: 10/23/2006 
TAGS: PGOV, PHUM, KISL, KIRF, NI 
SUBJECT: STONING SENTENCES IN KEBBI, SOKOTO; GON BEGINS 
SHARI'A LAW REFORM 
 
REF: (A) ABUJA 1046 
 
 
Classified by Ambassador Howard F. Jeter, reasons 1.5 (b) and 
(d). 
 
 
1.(C)  Summary: For a variety of reasons, religious fervor 
has escalated in parts of Northern Nigeria recently.  Shari'a 
courts in two states have added to the tense atmosphere by 
issuing two sentences of stoning.  A man was sentenced to 
death by stoning in September In Kebbi state after being 
convicted of sodomy on a minor.  That death sentence was 
followed by one issued in Sokoto October 10.  Based upon 
conversations with Governors of both states, it appears 
neither sentence will be carried out.  To bring uniformity 
and to prevent excesses, the FG is currently drafting a model 
Shari'a criminal code.  The northern governors support for 
the FG's efforts which could minimize the harsh judgments 
passed by local Shari'a judges.  End Summary. 
 
 
2. (C)  Regarding the Kebbi sentence, Gov. Aleiro told Poloff 
that the stoning sentence of Attahiru Umar would be 
overturned by a review committee, even though the perpetrator 
did not appeal.  Aleiro even said that he planned to revise 
Kebbi's Shari'a statute to repeal traditional "Hudud" death 
sentences. 
 
 
3.(C)  The Sokoto death sentence is more disturbing: a woman, 
Safiya Hussaini, was convicted of adultery after she was 
turned in by neigbors in her village.  The Alkali judge, 
Muhammed Bello, viewed her pregnancy as conclusive proof of 
adultery, even though procedural requirements for this 
drastic sentence demand four competent witnesses to the act. 
Hussaini accused an elderly man of fathering the child, and 
the man allegedly confessed to three police officials.  The 
Alkali decided three witnesses to the confession were 
inadequate to convict the man, but convicted Hussaini based 
on her marital status (divorced) and the her pregnancy. 
Sokoto Governor Attahiru Bafarawa told Poloff recently that 
there would be no more "extreme" punishments meted out by 
Shari'a courts in his state.  Bafarawa has also instituted a 
Shari'a review committee that routinely quashes inhumane 
sentences for procedural or legal irregularities.  This 
should apply with even greater effect to sentences of death 
by stoning.  Helping matters procedurally, Ms. Hussaini has 
appealed her sentence.  The appeal could finally bring the 
constitutionality of "Hudud" punishments, such as stoning and 
amputation, before Nigeria's Supreme Court. 
 
 
4. (C)  In a meeting with PolCouns and Poloff October 22, 
Political Advisor to the Vice President, Dr. Usman Bugaje, 
described the FG's efforts to bring uniformity to the states' 
Shari'a statutes.  A committee of Shari'a legal scholars at 
the Nigerian Institute for Islamic Legal Studies at Ahmadu 
Bello University in Zaria is drafting a model Shari'a code 
that will eventually be adopted by any state wishing to have 
criminal Shari'a courts for Muslims.  The proposed law will 
incorporate Shari'a procedural protections, which most Alkali 
judges currently ignore, according to Bugaje. 
 
 
5. (C)  Bugaje said the Committee was meeting with political 
activists who have championed Shari'a in the various Northern 
states, who siezed this issue to gain power, relevance, and 
perhaps, government jobs.  Bugaje said the Committee needed 
to educate the activists about Shari'a.  He hoped that this 
education by the scholars would moderate these politicized 
activists, bring them around to support Shari'a law reforms, 
and a uniform code. 
 
 
6. (C)  Comment:  The FG's efforts to develop a uniform 
Shari'a code hopefully will help reduce the number of the 
egregious sentences coming out of the states.  (Current state 
laws differ and some are internally inconsistent.)  The GON 
also hopes that the shrillness of Shari'a proponents will be 
moderated during this protracted drafting process.  However, 
while this process slowly inches forward, the air in many 
areas of Northern Nigeria has been ionized, partly because of 
the increased focus on religion and Shari'a.  It was perhaps 
a matter of time that some of the more traditional Shari'a 
courts would reflect a more truculent mood.  Moderate 
northern governors (except Sani of Zamfara) say privately 
that they will prevent the extreme sentences from being 
implemented.  While the governors' statements are somewhat 
reassuring, the appearance of these harsh sentences remains 
disquieting and bears monitoring.  End Comment. 
Jeter