Hands Off Cain
NEWS ARCHIVE·DEATH PENALTY·JANUARY 14, 2002
Nigeria

The judges of Sharia Court of Appeal, Sokoto, were...

The judges of Sharia Court of Appeal, Sokoto, were called upon to disregard the sentence to death by stoning passed on Malama Safiya Hussaini by the Upper Sharia Court, Gwadabawa, for it's failure to abide by Islamic law

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The judges of Sharia Court of Appeal, Sokoto, were called upon to disregard the sentence to death by stoning passed on Malama Safiya Hussaini by the Upper Sharia Court, Gwadabawa, for it's failure to abide by Islamic law.
The call was made by leading counsel, Abdulkadir Ibrahim Imam, standing in for 13 other lawyers who were at the Sharia Court of Appeal to argue the case of their appellant recently convicted by the Upper Sharia Court, Gwadabawa, for adultery.
Imam explained that since the trial court is in doubt on the circumstance of the pregnancy of Safiya, the Sharia Court of Appeal should discard the death sentence.
The counsel to the appellant argued that the trial court's reliance on trying on the ground that the appellant was impregnated outside wedlock is procedurally wrong and that the appearance of pregnancy is not enough to stone her to death.
He said a woman could be pregnant for seven years after divorce, according to a prominent Islamic scholar, Imam Malik.
The counsel observed that it has not been up to two years after Safiya separated from her husband, saying it is not enough ground for the court to conclude the offence as adultery.
Imam averred that it was a big mistake for the trial court to rule that the appearance of pregnancy was enough evidence to warrant the stoning of his client to death.
He further argued that the trial court only relied on a police report to determine the case, adding that failure of physical witness of the offence made the procedure irrevocably bad and the judgement invalid.
The counsel said on behalf of the appellant, they were withdrawing the statement earlier made by their client that "she was impregnated by Yakub Abubakar" at the Upper Sharia Court, Gwadabawa.
He therefore prayed the court to allow the withdrawal, adding that they stood by the Imam Malik school of thought which implies that the former husband, Alhaji Yusuf Sabon-Birnin Kware, impregnated the appellant.
Responding, the state counsel, Muhammad Barau Kamarawa, requested for adjournment in view of the fact that they have given additional ground of appeal to enable him react to all issues raised by the appellants counsel.
SOURCES
  • (Sources: Daily Trust, Africa News Service, 15/01/2002)