NIGERIA. COURT UPHOLDS MAN’S APPEAL AGAINST STONING TO DEATH

a Sharia Court of Appeal, sitting in Bauchi State, Nigeria, upheld an appeal by Umar Tori against his conviction and sentence to death by stoning for adultery.
The Sharia appellate court however ordered that his case be retried before another Upper Sharia Court.
An Upper Sharia Court sitting in Alkalere, Bauchi State, had found Umar Tori guilty on December 29, 2003, of adultery with his stepdaughter, aged about 15. He was sentenced to death by stoning. At his trial, his stepdaughter was called by the prosecution. After her testimony, the court convicted her of pre-marital sex (fornication) and sentenced her to one hundred lashes of the cane. It was reported that both Tori and his step daughter had no legal representation at the trial.
After the convictions, the Legal Defence and Assistance Project (LEDAP) filed an appeal on their behalf before the Sharia Court of Appeal in Bauchi and secured orders for a stay of execution of the sentences.
On 24 April 2005, the Sharia Court of Appeal in Bauchi allowed the step daughter’s appeal, discharged her and set aside her conviction and sentence. The Court held that since there was no charge brought against her at the Upper Sharia Court trial in Alkalere, she could not be convicted of any offence. The Court of Appeal did not make a ruling regarding her trial without counsel.
In Tori's appeal, the Sharia appellate court unanimously held that since there were "procedural irregularities" in the trial, the conviction and sentence should be set aside. However, the judges ordered for his retrial before another judge.