US embassy cable - 02ABUJA2674

C O N F I D E N T I A L SECTION 01 OF 02 ABUJA 002674 
 
SIPDIS 
 
 
E.O. 12958: DECL: 09/13/2012 
TAGS: OVIP, PGOV, PHUM, PREL, SOCI, NI 
SUBJECT: SUBJECT: CODEL DASCHLE CODEL: TOWARD A BETTER 
UNDERSTANDING OF THE APPLICATION OF SHARI'A IN NIGERIA. 
 
 
REF: ABUJA 2506 
 
 
Classified by Ambassador Howard F. Jeter; ReasonS 1.5 (B) and 
(D). 
 
 
1. (C) Summary: On August 31, Codel Daschle met attorney 
Hauwa Ibrahim (strictly protect) for a brief on the Amina 
Lawal case (reftel) and to receive a general primer on the 
legal and constitutional issues arising from the application 
of criminal Shari'a in twelve Northern Nigerian states. 
Ibrahim stressed that her efforts were not to undermine 
Shari'a but to make sure Shari'a was correctly interpreted 
and applied and that the decisions of the Shari'a courts 
complied with constitutional guarantees of due process and 
against cruel punishment. Ibrahim explained the political 
minefield that Shari'a has become at all levels of 
government, exposing why each branch hopes the other will 
render the difficult decisions.  Ibrahim also confided that 
she feared for her safety because of the high profile stance 
she has taken, but stated that she would soldier on in her 
legal campaign. End Summary. 
 
 
2. (C) On August 31, Hauwa Ibrahim updated Codel Daschle on 
the Amina Lawal case and other relevant Shari'a issues. 
Ibrahim was accompanied by Dr. Kole Shettima, an Islamic 
scholar. Ms. Ibrahim summarized for Senators Daschle, 
Nighthorse Campbell, Reid and Bingaman her four-pronged 
defense of Lawal, which she described as based on the facts 
of the case, constitutional law, criminal procedure, and 
proper interpretation of Shari'a (reftel). 
 
 
3. (C) Ibrahim stressed her desire to see Shari'a Law applied 
properly in Shari'a States. Emphasizing the need for those 
accused under the new Shari'a laws to have legal counsel, she 
believed the defendants who have attorneys were being treated 
much better than those who did not.    She told the Senators 
about eleven minors whose theft convictions carry the 
sentence of hand amputation (none of which has been carried 
out).  Working pro bono, Ibrahim stated that she only had the 
resources to defend four of the eleven cases. These four have 
been acquitted, but the other, attorney-less seven are still 
incarcerated awaiting the outcome of their cases. Ibrahim 
also informed the Senators that she had been able to quickly 
settle several other adultery cases against women, with the 
defendants either being acquitted or paying minimal fines. 
She said she was following the progress of three other 
adultery cases which had recently been reported in the media. 
 
 
4. (C) Ibrahim explained the difficulties faced in defending 
cases in some of the Shari'a jurisdictions. Criminal 
procedure and legal codes are different in each of the 12 
Shari'a States.  Some, such as Kaduna and Sokoto, have both 
criminal and procedural codes, while others, such as Katsina 
State, only have the criminal code. Responding to a question 
from the Senators about the role of the federal government, 
Ibrahim stated that the GON could do little at this point. 
While the Attorney General has publicly criticized harsh 
Shari'a punishments, the constitution did not empower him to 
seek an advisory opinion in federal court, against the 
constitutionality of Shari'a punishments.  Moreover, the GON 
cannot prohibit states from enacting Shari'a laws.  Shari'a 
is recognized in the Federal constitution and enacting 
Shari'a is well within the ken of State's rights and powers. 
Right now the only thing the GON could do is watch as cases 
wound their way through the court system.  For instance, the 
Lawal case was now before the highest Shari'a Court in 
Katsina State.  Should that court uphold the conviction, 
Ibrahim was committed to seeking relief at the Federal Court 
of Appeals. At that juncture, the Ministry of Justice could 
perhaps enter the case.  Ibrahim believed that neither the 
Obasanjo Government nor most Northern governors supported 
these harsh penalties, but none would publicly condemn the 
punishments, fearing a political backlash in the North for 
being seen as anti-Shari'a.  (Comment: Ibrahim correctly 
pointed out the political quandary faced by the Northern 
governors as well as President Obasanjo.  A born-again 
Baptist Christian, Obasanjo has made his opposition to what 
he calls "political Shari'a" known.  Any move that Obasanjo 
would make would be seen, not as an attempt to spare a life 
or protect the constitution, but as confirmation that he was 
anti-Islamic and anti-North.  It would spark strong reaction 
in many quarters.  Consequently, the President would like to 
avoid seeing a petition to commute a Shari'a sentence reach 
his desk.  It would be better for him and for political 
tranquility if the issue of cruel and unusual punishment were 
conclusively decided by the courts. End Comment.) 
 
 
5. (C) Throughout the meeting Ibrahim returned to the theme 
of standing up for the legal rights of the most vulnerable in 
society.  However, she chafed at being portrayed in the print 
media, which is mainly based in the Christian South, as 
anti-Shari'a.  She denied this claim stating she is pro-due 
process and that such labels put her in personal danger and 
further complicated the task of representing Amina Lawal and 
others. 
 
 
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Comment 
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6. (C) The meeting with Ibrahim again underscored the 
inchoate development of Shari'a jurisprudence in Nigeria. 
The criminal Shari'a system is new and fraught with 
uncertainties.  Aspects of the substantive criminal code do 
not match with procedural codes in those states which have 
both codes.  Many local judges only have a superficial, 
mechanistic approach to application of Shari'a law, missing 
the important tenets of tolerance and equity that are major 
aspects of Islamic jurisprudence.  The relationship of 
Shari'a to the federal constitution must also be defined. 
Muslim human rights activists and attorneys like Ibrahim, 
must be at the forefront of attempts to reconcile the 
application of Shari'a in Nigeria with internationally 
recognized precepts of fundamental human rights.  We should 
support them in carrying out this task. 
 
 
JETER