STONING SENTENCES IN KEBBI, SOKOTO; GON BEGINS

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