Mother escapes death by stoning

Published on Friday 26 September 2003 01:00

AN ISLAMIC appeals court in Nigeria yesterday overturned the conviction of a mother who was facing death by stoning for having a child outside wedlock.

The case has put Amina Lawal, 32, who gave birth to a daughter two years ago - two years after her divorce - at the centre of world appeals for her release.

Islamic judges rejected her conviction by four to one, saying she was not given ample opportunity to defend herself.

Ms Lawal would have been the first woman stoned to death in the West African country since 12 northern states began adopting strict Islamic law - shariah - in 1999.

The judges said she was not caught in the act and was not given enough time to understand the charges against her. They also noted that only one judge was present at her conviction in 2002, instead of the three required under Islamic law. Ms Lawal was told she was free to go.

A defence lawyer, Hauwa Ibrahim, said of the decision: "It’s a victory for justice, and it’s a victory for what we stand for - dignity and fundamental human rights." Prosecutors said they also accepted the verdict.

The case had drawn criticism from international groups. The government of Olusegun Obasanjo, the Nigerian president, and world leaders called for Ms Lawal to be spared. Last week, Brazil even offered Ms Lawal asylum.

The Rt Rev Professor Iain Torrance, the Moderator of the General Assembly of the Church of Scotland, had written to the Nigerian church metropolitan, Peter Akinola, saying Christ’s execution was a rebuke to all such acts of judicial violence.

He added: "The notion of death by stoning is abhorrent to us and, in the name of Christ, we plead with you to urge that this sentence be commuted and that compassion be exercised, as it is so often in Islamic law."

Few believed the sentence, in which Ms Lawal would have been buried up to her neck in sand and executed by stoning, would be carried out.

"We think the death penalty for adultery is contrary to the Nigerian constitution," said Franois Cantier, of Avocats Sans Frontires. "Death by stoning is contrary to international treaties against torture which Nigeria has ratified. We think death by stoning is degrading human treatment."

But some Nigerians said the sentence should be carried out if she was found guilty. "If she’s stoned to death, there’s nothing wrong," said Usman Garba, 40, a civil servant. "It’s stipulated by Islam, and she’s a Muslim. It would be a good thing."

Police are currently bracing themselves for a backlash from Muslim fundamentalists.

As the judges read out their conclusion,

Ms Lawal, wrapped in a light orange veil, sat with her eyes downcast, cradling her daughter.

Police and lawyers hustled her out of the room after the verdict, before she could respond to questions from journalists.

Ms Lawal was first convicted in March 2002, following the birth of her daughter two years after she divorced her husband. Judges rejected her first appeal in August of that year.

The introduction of sharia law in a dozen northern states triggered violent clashes between Christians and Muslims that killed thousands. Five people, including Ms Lawal, have been sentenced to stoning deaths so far. Three have now been acquitted, while two others - a pair of lovers - are still awaiting rulings.

Also under shariah punishments, one man has been hanged for killing a woman and her two children and Muslim authorities have amputated the hands of three others for stealing, respectively, a goat, a cow and three bicycles.

Despite such harsh sentences, the majority of Muslims in the predominantly Islamic north have welcomed the implementation of shariah, saying it’s a key part of their religion and discourages crime.