KATSINA,
Nigeria, September 25 (IslamOnline.net & News Agencies) - The
Nigerian Islamic appeals court quashed Thursday, September 25, a death
by stoning sentence against single mother Amina Lawal over adultery
charges.
Four
out of five judges overturned an earlier verdict, saying the 31-year-old
woman was not given "ample opportunity to defend herself".
The
ruling, described by the BBC's Anna Borzello in Katsina as having been
expected, was read out to a packed courtroom in the appeal court in the
northern town of Katsina.
The
panel of judges said the decision to acquit Lawal was based on
procedural errors at her original trial and the fact that her adultery
was not proved beyond doubt, said the BBC News Online.
Lawal,
a village housewife, was last year convicted of adultery under Sharia
(Islamic law), and faced becoming the first person to be stoned to death
since its reintroduction in Nigeria, reported Agence France-Presse
(AFP).
The
Islamic court ruled the conviction couldn't stand because Lawal wasn't
given enough time to understand the charges against her; only one judge,
instead of the required three, presided at her trial; and she was not
caught in the act of sex out of wedlock.
Lawal
has identified her alleged sexual partner, Yahaya Mohammed, and said he
promised to marry her.
Mohammed,
who would also have faced death by stoning denied any wrongdoing and was
acquitted for lack of evidence.
The
court ruled that Lawal should have been allowed to retract her alleged
original "confession", which was taken by a village court
after "fundamentalist vigilantes" raided her home at night
shortly after the birth of her daughter Wasila.
Without
her clear confession or four witnesses, Lawal, under Sharia, should not
be punished.
Any
defendant has the right to withdraw a confession, which should be made
at least four times before a panel of judges, rather than just once
before one judge as in Lawal's case, judge Ibrahim Mai-Ungawa said.
Nigeria's
federal police should not have pressed charges in the case, he added,
unless they had four witnesses to the alleged adultery.
Katsina
State prosecutors said after the hearing that they had three months to
decide whether to appeal the verdict to a federal court.
Lawal
appeared before Katsina Sharia Appeal Court cradling Wasila, who has
grown a thick head of curls since making her first public appearance at
her mother's trial in March last year, when she was only a few months
old.
Since
then, photographs of mother and child sitting meekly in front of panels
of robed judges have flashed around the world, and the case has become
the center of an international dispute.
Hailed
Lawal's
supporters hailed the majority ruling, which split a panel of Katsina
State's top Islamic lawyers four to one, as a vital step forward in
ensuring the legal rights of Nigeria's more than 60 million Muslims,
reported Agence France-Presse (AFP).
"It's
a victory for law, it's a victory for justice. Today we are celebrating
the victory of law over the rule of man," said Lawal's friend and
lawyer, Hauwa Ibrahim.
"Amina
is free. Amina has been discharged. Amina can have her life back,"
she told reporters outside the court, as Lawal and her baby daughter
Wasila were whisked away in a police vehicle with a heavily armed
escort.
"Amina's
struggle is the struggle of one person, one highly mediatied combat. But
there are other such struggles around this country," said
Catherine-Danielle Mabille of the French-based group Doctors Without
Borders.
Legal
rights campaigners said that her acquittal was a step forward, but that
it must be seen as a first step in ensuring that due process be followed
in future Sharia cases.
Lawal's
lawyer told reporters she hoped the victory of her client would serve as
a useful but non-binding precedent that could be cited in appeal cases
in other states. Each of Nigeria's 36 states has an independent judicial
system.
Three
alleged adulterers had already been cleared when Lawal came to court,
but several more -- including a young couple of former lovers -- are
awaiting trial or appeal hearings.
Lawal's
acquittal will come as a great relief to President Olusegun Obasanjo's
secular federal government.
The
Christian president has so far refused to challenge Sharia in the
Supreme Court, despite claims that it is unconstitutional, for fear of
offending Muslims, half the population of Africa's most populous
country.
Since
Nigeria's return to civilian rule in 1999, Sharia has been effective in
12 of Nigeria's 36 states. Nigeria, a country of some 120 million
people, is divided between Muslims, who predominate in the north, and
Christians in the south.