Daily Trust -

NOVEMBER 14

NIGERIA: The Sokoto State government has declared that the Federal Government can not change the judgement of death sentence by stoning passed on Hajiya Safiyatu Husseini by the Gwadabawa Upper Sharia Court.

She has since appealed against the conviction over the allegation of adultery preferred against her according to Sharia law.

Her counsel, Barrister Abdulkadir Ibrahim has also applied for a stay of execution pending the determination of the appeal.

However, the State Attorney-General, Alhaji Aliyu Abubakar Saina, said on a Voice of America (VOA) Hausa service programme monitored in Abuja, that in as much as the judgement was legal, there was no way the Federal Government could stop the court's ruling.

He disagreed with the Attorney-General of the Federation, Chief Bola Ige who was credited with the statement that the Federal Government would not allow the Sokoto State government to execute the adulteress.

According to him, Chief Bola Ige's statement is a violation of the Nigerian constitution.

"We didn't have any discussions with the Federal Ministry of Justice on the issue. This is due to the fact that it is unconstitutional for the federal government to interfere in the matter. It will amount to an abuse of court process and a violation of Nigerian constitution," Alhaji Aliyu maintained.

He also spoke on the position of the Sharia legal code in the Nigerian constitution, saying, "everybody knows that President Olusegun Obasanjo and Bola Ige have assured that Sharia is not against the constitution of Nigeria. So why would they come out to oppose a judgement based on the Sharia court which is considered as legal by the federal government?

"Nobody can officially dismiss the judgement except a Court of Appeal or Supreme Court, since the person found guilty of committing the said offence has a right to appeal up to the last stage. Whoever is opposed to the death sentence can appeal," he added.

The Gwadabawa Upper Sharia Court presided over by Khadi Mohammadu Bello had sentenced Safiyatu Husseini to death by stoning for committing adultery contrary to the Sharia law of Sokoto State. He however, granted her 30 days within which she could appeal against the sentence.

While filing the appeal, Barrister Ibrahim, counsel for Safiyatu said he would raise legal arguments that would eventually expose the lapses in the procedures, which resulted in the sentencing of his client.

He said the legal team was only interested in the freedom of the woman "and would do everything possible within the Islamic legal system to ensure this at the appeal."