Judicial practice in Islamic criminal law in Nigeria-a tentative overview

Islamic Law and Society

Volumn 14, Issue 2, 2007, Pages 240-286

  Weimann, Gunnar J ^a  

^a UNIVERSITY OF AMSTERDAM   (Netherlands)

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[No Author keywords available]

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EID: 34547965284     PISSN: 09289380     EISSN: 15685195     Source Type: Journal    
DOI: 10.1163/156851907781492494     Document Type: Review

References (244)

1. The spelling used in the code is "Shari'ah". Except in titles and quotations, I will use Sharī'a throughout this article for easier reading.
2. The hadd (arab. lit. "border," plural hudūd] offences and their punishments are mainly deduced from the Qur'an and refined in the sunna or prophetic tradition. They are defined as infringements of the right of God (haqq Allāh) towards man and prosecuted by public authorities, which in practice makes them comparable to criminal offences in Western legal terminology.
3. Section 38 (1) of the Nigerian Constitution guarantees freedom of religion: "Every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his religion or belief, and freedom (either alone or in community with others, and in public or in private) to manifest and propagate his religion or belief in worship, teaching, practice and observance."
4. Section 34 (1) of the constitution prohibits torture and inhuman treatment: "Every individual is entitled to respect for the dignity of his person, and accordingly-(a) no person shall be subject to torture or to inhuman or degrading treatment; [...]."
5. "Sharia Was Politically Motivated - Ahmed Sani," This Day, 01/09/2001, 1 and 4.
6. For a summary of the history of the Sokoto Caliphate and the prominent role of Islam in it, see Gerhard Hauck, Gesellschaft und Staat in Afrika (Frankfurt, am Main: Brandes & Apsel, 2001), 98-108.
7. For the development of the application of Sharla in Nigeria, see Ruud Peters, Islamic Criminal Law in Nigeria (Ibadan: Spectrum Books Ltd., 2003), 5-12.
8. These are Adamawa, Bauchi, Benue, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Nassarawa, Niger, Plateau, Sokoto, Taraba, Yobe, and Zamfara.
9. On the 2001 violence in Plateau State, see: Human Rights Watch, "Jos: A City Torn Apart," Vol. 13, No. 9 (A) (December 2001).
10. Peters, Islamic Criminal Law, 12.
11. The laws of the original regions or states were continued in force in and became the laws of the new states carved out of them. See Philip Ostien, "An Opportunity Missed by Nigeria's Christians," in Muslim-Christian Encounters in Africa, ed. B.F. Soares (Leiden & Boston: Brill, 2006), 221-55.
12. Kyari Mohammed, "Religion and Federalism in Nigeria, 1958-2002: Contextualizing the Shari'ah Project," paper presented at an International Conference on Federalism and the State, University of Ibadan, 25-26 November 2002.
13. Muhammed Tabi'u, "An Overview of Sharia Law and Practice in Nigeria," in Sharia Penal and Family Laws in Nigeria and in the Muslim World: Rights Based Approach, ed. Jibrin Ibrahim (Zaria: Global Rights, 2004), 115-127, esp. 119.
14. Criminal offences remain unmentioned both in Part I (Exclusive Legislative List of the Federal Government) and Part II (Concurrent Legislative List) of the Second Schedule (Legislative Powers) of the Nigerian Constitution. Thus, legislation on criminal offences is the sole responsibility of the states.
15. S. 36.12 of the 1999 Constitution: "Subject as otherwise provided by this Constitution, a person shall not be convicted of a criminal offence unless that offence is defined and the penalty therefor is prescribed in a written law, and in this subsection, a written law refers to an Act of the National Assembly or a Law of a State, any subsidiary legislation or instrument under the provisions of a law."
16. In some states, cases of ICL were tried and sentences executed even before a Sharī'a penal code came into force (see Peters, Islamic Criminal Law, 13). On the other hand, one important ground of appeal against the stoning sentence inflicted on Safiyyatu Hussaini was the retroactive application of the Sokoto State Sharī'a Penal Code, since she had been arraigned before the bill was signed into law. It, therefore, appears that a continued application of uncodified ICL would have been contested on constitutional grounds.
17. cf. Muhammad Tawfiq Ladan, "Legal Pluralism and the Development of the Rule of Law in Nigeria: Issues and Challenges in the Development and Application of the Sharia," in Sharia Penal and Family Laws in Nigeria and in the Muslim, World: Rights Based Approach, ed. Jibrin Ibrahim (Zaria: Global Rights, 2004), 57-113, esp. 82f.
18. Peters, Islamic Criminal Law, 17.
19. Muhammad Tawfiq Ladan mentions three states (Katsina, Borno, Bauchi) which by August 2003 had only draft bills of Sharī'a criminal procedure codes. See Ladan, "Legal Pluralism," 82.
20. See Ladan, "Legal Pluralism," 80.
21. See Rudolph Peters, "The Re-Islamization of Criminal Law in Northern Nigeria: The Safiyyatu Hussaini Case," in Dispensing Justice in Islamic Courts: Qadis and their Judgments, ed. Muhammad Khalid Masud, Rudolph Peters and David S. Powers (Leiden: Brill, 2006), 219-43, esp. 223.
22. Peters, Islamic Criminal Law, 18. For a comparative analysis of the codes, see ibid., 17-30.
23. See, e.g., Zamfara State Sharī'a Penal Code, Section 129(c). The proper brideprice (also mahr al-mithl), which according to the classical doctrine is to be paid in cases of unlawful intercourse in which the woman is unmarried, is the average bride-price that a woman of the same age and social status would receive upon marriage in that region. See Rudolph Peters, Crime and Punishment in Islamic Law: Theory and Practice from the Sixteenth to the Twenty-first Century (Cambridge: Cambridge University Press, 2005), 59.
24. Zamfara State Sharī'a Penal Code, Section 144: "The offence of Theft shall be deemed to have been committed by a person who covertly, dishonestly and without consent, takes any lawful and movable property belonging to another, out of its place of custody (hirz) and valued not less than the minimum stipulated value (nisab) without any justification."
25. Peters, Islamic Criminal Law, 22.
26. E.g. Zamfara State Sharī'a Penal Code, Section 153d. However, the punishment of crucifixion is not defined, which is a serious omission since the matter is controversial in classical Maliki doctrine. See Peters, Islamic Criminal Law, 24.
27. E.g. Zamfara State Sharī'a Penal Code, Section 59.
28. E.g. Zamfara State Sharī'a Penal Code, Sections 288-304: "Offences by or Relating to Public Servants."
29. Kano State Sharī'a Penal Code, Section 134B.
30. Peters, Islamic Criminal Law, 14.
31. Personal communication by Philip Ostien in April 2007.
32. The lack of official data has been repeatedly rioted, e.g. Human Rights Watch, "Political Shari'a? Human Rights and Islamic Law in Northern Nigeria," Vol. 16, No. 9 (A) (September 2004).
33. Articles were mainly taken from the following Nigerian newspapers: This Day (Lagos, private), Daily Trust and its weekly counterpart Weekly Trust (Abuja, private), 'The Guardian (Lagos, private), Vanguard (Lagos, private), New Nigerian Newspaper (Kaduna, federal government).
34. I thank Rudolph Peters for putting at my disposal AFP reports from September 2000 to May 2002.
35. These foreign news providers were chosen because they have their own network of correspondents on the ground and do no rely on media or news agencies whose information they miglit not be able to verify. IRIN, however, seems at times to rely on reports from other news providers.
36. On the introduction of the new codes and changes in the judiciary, see Peters, Islamic Criminal Law, 13f and Ladan, "Legal Pluralism."
37. This finding was confirmed to me by Philip Ostien in a personal communication in May 2006.
38. The exact number of cases is not entirely clear because in some instances the reports do not specify if prison inmates were tried summarily or separately.
39. Peters, Islamic Criminal Law, 13.
40. Ahmed S. Garba, "The Place Of Community Policing Under The Shari'ah And The Advent Of Hisbah," electronic essay published at http://www.gamji. com in August 2006.
41. "Sharia implementation: Are Muslims better off?", Weekly Trust, 18-24/01/ 2003, 1-2. The article does not specify the source of this information.
42. These are the cases of Buba Bello Jangebe (amputation sentence in February 2000; reported by Human Rights Watch (HRW) and media); Kabiru Salisu (sentenced in September 2000; Amnesty International (AI) and media); Musa Gummi (amputation sentence in September 2000; media); Lawali "Inchi Tara" Isah (amputation sentence in December 2000; media); Lawali Dan Mango Dadin (amputation sentence in April 2001; HRW); Musa Shu'aibu (amputation sentence in September 2001; media); Abdullahi Abubakar (amputation sentence) and Mustapha Ibrahim (February 2002; HRW and media); Ibrahim Sulaiman (amputation sentence in January 2003; media); Abubakar Yusuf (amputation sentence in April 2003; HRW); Sirajo Mohammed (amputation sentence in April 2003; HRW); and Abubakar Lawali and Lawali Na Umma (both sentenced to amputation in May 2003; HRW).
43. On 22 September 2000, Kabiru Sule was sentenced to six months in prison and 50 strokes of the cane for stealing a shirt valued 400 Naira (approx. 3.65 US$ at the time). See "Two men flogged publicly in Nigeria for drinking, stealing," AFP, 25/09/2000. Probably, the value of the stolen good was not regarded exceeding the nisāb. In February 2002, Mustapha Ibrahim was sentenced to six months in prison and thirty lashes, while his accomplice Abdullah Abubakar received an amputation sentence. See Human Rights Watch, "Political Shari'a?" 56.
44. "Sharia: Seven on Wrist Amputation List," This Day, 19/06/2003, Internet edition;
45. and "Kano Sharia court orders amputation of two men for theft," The Guardian, 24/06/2003, 3.
46. Human Rights Watch, "Political Shari'a?" 39.
47. "Zamfara amputation: Raising the stakes of Sharia implementation," The Guardian, 29/02/2000, 8.
48. See also "Sharia: Farmer fined N158,000 for beating wife," The Comet, 15/02/2000, print edition.
49. Peters, Islamic Criminal Law, 28.
50. These were Zuweira Aliyu and Sani Mamman (February 2000; media); Bariya Ibrahim Maguza (September 2000; BAOBAB for Women's Human Rights and media reports); Amina Abullahi (August 2001; media); Zuwayra Shinkafi and Sani Yahaya (March 2003; HRW). However, it cannot be excluded that, this last case is identical with the first one. With exception of the year stated by HRW, there are striking similarities not only in the names but also in the facts reported.
51. Abdullahi Abubakar Barkeji (February 2002; media).
52. Tukur Aliyu (October 2003; media).
53. An unidentified jealous husband June 2000; media); Aishat and Haruna Dutsi (September 2000; AI); Gado Maradun (2000; media); Ibrahim Na-Wurno (April 2001; media).
54. In January 2004, Hafsi Bakura, chairperson of the ANPP governing party in Zamfara State, was reported to court for having accused the ANPP chairperson in Gusau Local Government Area of extramarital relations. It is unclear if the tribunal admitted the complaint for trial. See "ANPP chieftains in Sharia court for alleged adultery," Daily Independent, 05/01/2004, Internet edition.
55. Gamba Bagobiri-Umguwar and Mohammadu Danige, accused of gambling (September 2000; media); Nagogo Kakumi, accused of marrying more than four wives (November 2001 ; media. However, it is unclear if this was treated as criminal case.); Hawa Yahaya, Umar Garba and Yaro, accused of conspiracy to robbery (February 2002; media); Luba Mainasara, accused of beating her fellow wife with a pestle (April 2002; media); four accused of criminal trespass January 2003; HRW); Shafaiatu Tukur, accused of burning down her fellow wife's home (September 2003; media); and a wedding party comprising eight individuals, accused of immoral acts (December 2004; media).
56. "Islamic scholar jailed for preaching violence in Nigeria," AFP, 28/09/ 2000.
57. "Sharia court orders amputation of hands, legs in Sokoto," 'The Guardian, 20/12/2001, print edition.
58. "Sharia: Zamfara gov's campaign manager docked over theft," Daily Independent, 31/10/2003, Internet edition.
59. "Sharia beating for motorcyclists," BBC World News, 10/08/2000, Internet edition.
60. Human Rights Watch, "Political Shari'a?" 58.
61. Dahiru Side (February 2000; media); Hassan Umoru (September 2000; AI); Lawali Jekada (September 2000; AI and media); Sharī'a court judge Muhammadu Na'ila (January 2001; media); Garba Aliyu July 2003; HRW).
62. Human Rights Watch, "Political Shari'a?" 82.
63. "Katsina begins Sharia on August 1," The Guardian, 08/07/2000, 3.
64. "Sharia: Katsina Muslims Accuse Governor of Paying Lip service to Implementation," This Day, 30/03/2001, Internet edition;
65. and "Committee accuses Katsina govt of sabotaging Sharia," Vanguard, 01/08/2001, 10.
66. "Sharia implementation in Katsina, the journey so far," Weekly Trust, 26/ 07-01/08/2003, 8. To my knowledge, Katsina State has not adopted legislation on the creation of a state-controlled hisba.
67. ibid.
68. "Sharia implementation: Are Muslims better off?" Weekly Trust, 18-24/01 / 2003, 1-2.
69. "State-related materials acquired by state as of 4 April 2003" (henceforth SIDP), unpublished list of ICL-related official reports and legislation collected by the Shari'a Implementation Documentation Project of jos (Nigeria) and Bayreuth (Germany) Universities.
70. These are Nasiru Abba, accused of theft (August 2000, media);
71. Attine Tanko and Lawal Sada, accused of zinā (November 2000; media);
72. Isiyaku Sanni and Suleman Abdullahi, accused of theft January 2001; media);
73. and Ahmed Tijjani, accused of bodily harm (May 2001; media).
74. "Sharia court sentences man to death by knifing," 'The Guardian, 15/11/ 2001, print edition.
75. "First Nigerian executed under Sharia laws," BBC World News, 04/01 /2002, Internet edition.
76. According to one source ("... As another woman gets stoning sentence in Katsina," 'The Triumph, 26/03/2002, Internet), the case had been before the court of first instance for at least ten months before judgment was passed. In this case, she must have been brought before the court while still pregnant. Another report ("Nigerian woman who faced stoning to death is acquitted," AFP, 25/03/2002) claims Lawal was arrested by people of her village of K-rami on 4 March 2002.
77. "Sharia: Woman to Die by Stoning," This Day, 20/08/2002, 1 and 6.
78. "Sharia court quashes sentence, frees Amina Lawal," The Guardian, 26/09/ 2003, Internet, edition.
79. In Maliki law, a pregnancy can last up to a maximum of five to seven years, depending on the source. The claim by the defendant that her pregnancy goes back to a former husband produces shubha, which in itself should be enough for the hadd punishment not to be applicable. See Peters, "The Re-Islamization", 236f.
80. "Adultery: Sharia Appeal Court frees Amina," New Nigerian Newpaper, 26/09/2003, 1 and 2.
81. "In Katsina, it's an eye for an eye," The Guardian, 26/05/2001, 1 and 2.
82. "Plaintiff asks Nigerian Islamic court to pluck out a man's eye," AFP, 26/ 05/2001.
83. "Second teen mum in Nigeria awaits flogging for pre-marital sex," AFP, 11/01/2001.
84. "Two Charged with Raping Minors," This Day, 27/01/2003, Internet edition.
85. Nasiru Abba (August 2000; media); Isiyaku Sanni and Suleman Abdullahi (amputation sentences in January 2001; media); two bull thieves (amputation sentences in 2002, reportedly appealed; HRW); and Abubakar Sani and Masaudu Ibrahim (amputation sentences in October 2003; media).
86. Suie Sale (August 2000; AI); Umaru Bubeh (March 2001; media). Kabiru Yusuf, Salisu Danjuma and Rabiu Mohammed were sentenced to eighty lashes each for drinking alcohol in contravention of a Funtua bye-law in May 2001. Three other men were discharged and acquitted from the same offence. See "3 old men receive 80 lashes each for consuming alcohol," Vanguard, 12/05/2001, 2.
87. In June 2003, Abdu Rabe was found guilty of having entered in a female students' hostel, where he indecently touched a student. He was sentenced to two years' imprisonment and 20 strokes of the cane. See "Sharia court jails 45-yr-old man," Daily Trust, 24/06/2003, print edition.
88. "Kebbi sacks Sharia court judge over financial scam," The Guardian, 10/ 09/2002, print edition.
89. "Sharia strokes for musicians," 'The Comet, 24/04/2001, print edition;
90. and "Sharia: Musicians Caned for Playing at Wedding," This Day, 27/04/2001, Internet edition.
91. ibid.
92. "Katsina Sharia panel okays singing, drumming," The Guardian, 10/08/ 2001, print edition.
93. "Sharia court orders amputation of hands, legs in Sokoto," 'The Guardian, 20/12/2001, print edition.
94. See SIDP.
95. Peters, Islamic Criminal Law, 58.
96. Ibid., 53.
97. "In Sokoto, between May 2000 and September 2002, a total of 1,262 criminal cases was received out of which 1,024 have been disposed of with 248 pending" ("Sharia implementation: Are Muslims better off?" Weekly Trust, 18-24/ 01/2003, 1-2). The article does not specify the source of this information.
98. "Poor sharia monitoring in Sokoto - Sheikh Isah," Weekly Trust, 26/07-01/ 08/2003, 7.
99. Lawali Bello and Sani Mohammed (April 2001; media); Umaru Aliyu (amputation sentence in April 2001; media); Lawali Garba (amputation sentence in July 2001; media); Mohammed Ali (November 2001; media); Aminu Bello (amputation) and his accomplice Salisu Abdullahi (December 2001; BAOBAB and media); Bello Garba (amputation sentence in January 2002; BAOBAB and media); and Mustapha Abubakar (August 2002; media). An appeal was filed at least for the amputation sentences of Aminu Bello and Bello Garba. In the case of Mustapha Abubakar, the sentence has not been reported.
100. Mohammed Ali, Lawali Bello and Sani Mohammed.
101. "2 robbers face amputation in Sokoto," Daily Trust, 20/12/2001, 1;
102. and "Sharia court orders amputation of hands, legs in Sokoto," The Guardian, 20/12/ 2001, print edition.
103. "Eyewitness: Nigeria's Sharia amputees," BBC World News, 19/12/2002, Internet edition.
104. Human Rights Watch, "Poltical Shari'a?" 57.
105. Hawa'u Garba and Hussaini Mamman June 2001; BAOBAB and media); Abubakar Aliyu July 2001; media); Safiyyatu Yakubu Hussaini and Yakubu Abubakar (October 2001; media); Aisha Musa (2001, BAOBAB); Hafsatu Abubakar and Umaru Shehu January 2002; media); and Maryam Abubakar Bodinga (October 2002; BAOBAB). The trials of Hafsatu Abubakar and Umaru Shehu, as well as Maryam Abubakar Bodingo ended with the defendants being discharged and acquitted. Aisha Musa filed an appeal after being sentenced to corporal punishment. For Hawa'u Garba and Hussaini Mamman, no sentence was reported.
106. For a detailed discussion of this case, see Peters, "The Re-Islamization."
107. A confession allegedly made to police, in which he admitted having sexual relations with Hussaini, was dismissed by the judge "because, under Sharia law, four witnesses are required in a case of this nature" ("Nigerian appeals Sharia sentence," BBC World News, 19/10/2001, Internet edition).
108. "Man Sentenced for Committing Adultery with Lunatic," This Day, 14/ 07/2001, Internet edition.
109. "Hafsatu still in detention, says counsel," The Guardian, 17/01/2002, print, edition.
110. Umar Mohammed. See "Two Kids Share 40 Lashes for Goat Theft," This Day, 25/04/2001, Internet edition.
111. "Sharia Court Convicts Two Christians," This Day, 01/08/2001, Internet edition.
112. Sani Mamman July 2001). See "Sharia Court Jails Man for Selling Dead Animal's Meat," This Day, 20/07/2001, 5.
113. "Nigeria servants flogged under Sharia," BBC World News, 15/08/ 2001, Internet edition; and "NOA Director, Accountant Get 80 Lashes for Cheating," This Day, 17/08/2001, Internet edition.
114. "Sharia Court Convicts Two Christians," This Day, 01/08/2001, Internet edition.
115. "Panel Submits Sharia Legal Code to Jigawa Assembly," Post Express, 28/ 11/2000, 4.
116. See SIDP.
117. "Jigawa sets up c'ttee to review courts' performance," Daily Trust, 13/01/ 2003, 18. Furthermore, on page 2 of its 18-24 January 2003 edition, Weekly Trust mentions, without specifying a period of time, 2,858 ICL cases registered in Jigawa State, of which 2,575 had been treated.
118. "Jigawa Justice Reforms Cottee Gets N46.6m Counterpart Funding," This Day, 02/10/2004, Internet edition.
119. Bello Abdulkadir (February 2002; media); Abdulkadir Garba (September 2002; media); Abdulsalam Garba and his girl friend Ladi Muhammad (September 2002; media); and Abba Bashir (on two counts in December 2002 and January 2003; media).
120. "Village Head, Tutor, Girlfriend Caned 240 Lashes," This Day, 25/09/ 2002, Internet edition.
121. Emirate Council Dissolves Sharia Committee," This Day, 21/02/2003, Internet edition.
122. "Sharia: FG, Sokoto Fight Over Safiya," This Day, 18/11/2001, 1 and 4.
123. "Sharia court adjourns for suspects to reconsider confession," Daily Trust, 27/03/2002, print edition.
124. "Sharia: Stoning Verdict on Alleged Rapist Quashed," This Day, 20/08/ 2003, 4.
125. For rape, sharia court, passes death, fines others," The Guardian, 03/09/ 2002, 7.
126. "Man, 20, in court, for impregnating niece," Weekly Trust, 22/11/2003, Internet edition.
127. "Man to Get 100 Lashes for Attempted Rape," This Day, 27/08/2001, Internet edition.
128. "No Immunity Under Sharia, Says Court," This Day, 29/04/2004, 1 and 4.
129. "Jigawa: Effective Zakkat system, poor sharia implementation," Weekly Trust, 26/07-01/08/2003, 7.
130. ibid.
131. Peters, Islamic Criminal Law, 58.
132. Human Rights Watch, "Political Shari'a?" 58.
133. "107 prostitutes, 20 gamblers caned in Kebbi," Vanguard, 16/06/2001, 3.
134. Human Rights Watch, "Political Shari'a?" 61.
135. "Obasanjo visits Zamfara, cautions on Sharia," The Guardian, 14/09/2001, print edition;
136. "Sharia Court Sentences Man to Death by Stoning," 'This Day, 14/ 09/2001, Internet edition;
137. and "Nigerian sentenced to stoning," BBC World News, 14/09/2001, Internet edition.
138. Abubakar Aliyu (amputation sentence) and two accomplices July 2001; HRW and media); Altine Mohammed (amputation sentence in July 2001; HRW); Abubakar Mohammed (amputation sentence in September 2001; HRW); Bello Mohammed and Mohammed Mansir (amputation sentences in November 2001 ; HRW); and Abubakar Hamid (amputation sentence in October 2002; HRW).
139. Human Rights Watch, "Political Shari'a?" 40.
140. See SIDP.
141. "Two years of Sharia in Kano: Shekarau's Humanist Approach," Weekly Trust, 26/07-01/08/2003, 4.
142. Ibid.
143. Garba, "The Place of Community Policing."
144. "45 Prostitutes Face Kano Sharia Courts," Post Express, 16/12/2000, 94.
145. "Sharia Court Jails 10 Women in Kano," This Day, 16/02/2001, Internet edition;
146. and "Sharia: Suspected prostitute dies in detention," The Guardian, 17/02/2001, 48.
147. Human Rights Watch, "Political Shari'a?" 37.
148. "Kano man to get 80 strokes for drinking alcohol," The Guardian, 05/07/ 2000, print edition.
149. Nuhu Abdullahi and Sa'adu Aminu January 2001; media); and Mudansiru Abdulmumini June 2003; HRW).
150. "Rape victim's father accuses police of changing FIR," Daily Trust, 24/03/ 2004, 29.
151. "Rape suspect bags 18 months jail term," Daily Trust, 21/08/2003, 23.
152. "Man in Sharia court for raping 4-year-old girl," Daily Trust, 26/05/2003, 23.
153. A certain Adamu (indicted in January 2001; media); Danladi Dahiru (amputation sentence in August. 2001 ; HRW and media); Abubakar Mohammed and Mohammed Bala (amputation sentences in January 2002; HRW); Ali Liman, Aminu Ahmed, and Haruna Musa (amputation sentences in January and February 2002; HRW); Haruna Bayero (amputation sentence in April 2002; HRW and media); and Hassan Ibrahim and Hamza Abdullahi (amputation sentences in June 2003; HRW and media).
154. These are the sentences of Haruna Bayero, Mohammed Bala, Hassan Ibrahim and Hamza Abdullahi.
155. See, e.g., Human Rights Watch, "Political Shari'a?" 40.
156. "Cattle rustlers arraigned before Sharia court," Daily Trust, 10/12/2003, Internet edition.
157. "Niger opts for modified Sharia," The Guardian, 22/12/1999, print edition.
158. Peters, Islamic Criminal Law, 52.
159. Human Rights Watch, "Political Shari'a?" 58f.
160. "Man gets 100 strokes for indecency," The Comet, 20/11/2002, 6.
161. Human Rights Watch, "Political Shari'a?" 25.
162. Philip Ostien estimates that there are four or five cases of death sentences for illegal intercourse in Niger State (personal communication in May 2006).
163. "Sharia Without Tears," Tell, 30/10/2000, 37.
164. See SIDP.
165. "Yobe plans modified Sharia," The Comet, 06/06/2000, 7.
166. "Sharia Without Tears," Tell, 30/10/2000, 37.
167. "Borno adopts Sharia today," The Guardian, 01/06/2001, 64.
168. See SIDP.
169. Information gratefully received from Philip Ostien in August 2006.
170. "Sharia implementation takes off in Borno June 1," Daily Times, 10/04/2001, print edition.
171. Personal communication, May 2006.
172. "Gombe Adopts Sharia at Last," This Day, 18/12/2001, Internet edition.
173. Ladan, "Legal Pluralism," 76.
174. "Religious clashes in Nigeria kill ten," BBC World News, 09/09/2000, Internet edition.
175. "NIGERIA: Religious clash in Gombe State," IRIN, 23/05/2001, Internet edition.
176. "Gombe Adopts Sharia at Last," This Day, 18/12/2001, Internet edition.
177. "Uneasy Calm as Kaduna Implements "Sharia," This Day, 03/11/2001, Internet edition.
178. See SIDP.
179. "Uneasy Calm as Kaduna Implements Sharia," This Day, 03/11/2001, Internet edition.
180. For the importance of the word pair "indigenous"- "settler" in the Nigerian context, see International Crisis Group, "Nigeria: Want in the Midst of Plenty," Africa Report No. 113 (19 JuIy 2006), 24.
181. More recent examples of inter-religious violent conflicts were the "Miss World riots" in September 2002, and the violent spill-overs of the crisis in Plateau State in May 2004.
182. "Shari'a: Kaduna opts for tripartite legal system," The Guardian, 22/07/2000, 2.
183. "Kaduna signs bills setting up customary, Sharia courts," The Comet, 03/05/2001, 2.
184. "Sharia: Two Convicts to Be Amputated," This Day, 10/11/2003, 4;
185. and "Two Sharia convicts face amputation in Kaduna," The Guardian, 10/11/2003, Internet edition.
186. "Sharia appeal court to review conviction of six men," Vanguard, 17/08/2004, Internet edition.
187. "Sharia: 6 Await Amputation," This Day, 12/08/2004, Internet edition.
188. "Sharia court grants bail to six convicts," The Guardian, 18/05/2005, 7;
189. and The Guardian, 28/05/2005, 4.1 thank Philip Ostien for providing me with information on the outcome of this case.
190. "Woman Docked for Accusing Husband of Having an Affair with his Mother," This Day, 24/05/2002, Internet edition.
191. "Man Remanded for Assault on Pregnant Woman," This Day, 07/06/2002, Internet edition.
192. Reliable figures on the percentage of non-Muslims in the population are unavailable.
193. Peters, Islamic Criminal Law, 54.
194. ibid.
195. See SIDP.
196. Garba, "The Place of Community Policing."
197. "Alcohol: Sharia Court Orders Man Caned 80 Strokes," This Day, 01/02/2005, Internet edition. The arrest of the culprit, Ibrahim Musa, took place in November 2004.
198. "Shariah court convicts man over ritual," Daily Trust, 30/03/2004, 5;
199. and "Boy turns down N6m compensation for eyes," Daily Trust, 13/05/2004, Internet edition. The reports do not mention if the victim's request for retaliation was granted.
200. "Man loses limb for amputating wife's leg," New Nigerian Newspaper, 06/01/2003, 30.
201. See also "The Justice She Wants," Newswatch, 18/11/2002, 48-9.
202. "Sharia Court of Appeal affirms first amputation in Bauchi," Daily Trust, 21/08/2006, Internet edition.
203. "Sharia court orders amputation of hands, legs in Sokoto," The Guardian, 20/12/2001, print edition.
204. "Niger sharia court sentences two to death by stoning," The Guardian, 29/08/2002, 1-2.
205. "Sharia: Woman Gets 100 Strokes over Pregnancy," This Day, 06/05/2002, Internet edition.
206. "Nigerian man faces death for adultery," BBC World News, 27/06/2002, Internet edition.
207. Human Rights Watch, "Political Shari'a?" 32.
208. "Sodomy: Sharia court sentences man to death by stoning," Daily Trust, 25/09/2003, Internet edition.
209. "Sodomy: Judge to pay N3000 for wrongful conviction," Daily Trust, 23/03/2004, 5
210. ; and "Wrongful conviction: Lower Sharia court judge ordered to apologise," New Nigerian Newspaper, 24/03/2004, 21.
211. "Alleged rape victim, 35, offers to swear by Qur'an," Weekly Trust, 04-10/10/2003, 17.
212. "NIGERIA: Man sentenced to stoning for sex with step-daughter," IRIN, 06/01/2004, Internet edition.
213. "Incest: Sharia Court sentences man to death by stoning," Daily Trust, 06/01/2004, 1-2.
214. "Sharia: Man to die by stoning for impregnating step-daughter in Bauchi," The Guardian, 06/01/2004, Internet edition.
215. "Incest: Sharia Court sentences man to death by stoning," Daily Trust, 06/01/2004, 1-2.
216. "Shariah Court Entertains 11-Month-Old Appeal," Weekly Trust, 30/11/2004, Internet edition. The final hearing was slated for 7 December 2004. However, the outcome of the appeal could not be established. It is not clear if Altine and Umaru Tori filed their appeal together.
217. Amnesty International Annual Report 2006.
218. See also Peters, Islamic Criminal Law, 19.
219. Amnesty International Annual Report 2005;
220. and "Sharia: Legal Aid Council to appeal against 30 convictions," Vanguard, 17/11/2004, Internet edition.
221. "Sharia Court Nullifies Death Penalty On Woman," Vanguard, 11/12/2004, Internet edition.
222. "Sharia: Woman to Die for Adultery," Daily Trust, 13/10/2004, Internet edition.
223. "Upper Sharia Court to rule in Hajara's appeal November 10," Vanguard, 28/10/2004, Internet edition.
224. "Sharia: Another woman faces death by stoning in Bauchi," Daily Independent, 13/10/2004, Internet edition.
225. "Man Escapes Amputation over Theft of 18 Sheep," This Day, 24/06/2002, Internet edition.
226. "Kano Sharia court orders amputation of two men for theft," The Guardian, 24/06/2003, 3. The verdicts included the stoning-to-death sentence against Yunusa Rafin Chiyawa and the retaliation sentence against Adamu Hussaini Maidoya.
227. "Sharia: Man to die by stoning for impregnating step-daughter in Bauchi," The Guardian, 06/01/2004, Internet edition;
228. and "Man, 45, sentenced to death by stoning," New Nigerian Newspaper, 07/01/2004, 28. This again included the retaliation sentence against Maidoya.
229. "Sharia court sentences woman to death by stoning," Daily Trust, 13/10/2004, Internet edition.
230. "Sharia: Legal Aid Council to appeal against 30 convictions," Vanguard, 17/11/2004, Internet edition.
231. In May 2006, Philip Ostien mentioned to me that a woman was sentenced to death for witchcraft in Bauchi State. However, I have not found more information on this case.
232. The Nigerian NGO Legal Aid Council declared it would file appeals against the conviction of 30 persons by Sharī'a courts in Bauchi State, who were in prison awaiting the execution of their sentence. See ibid.
233. During a courtesy visit by the Izala movement, Governor Mu'azu had to exonerate himself over allegations that he was reluctant to implement the judgments, explaining that he had delegated the responsibility of overseeing the implementation of the courts' verdicts to the Sharī'a commission. See "Sharia court sentences woman to death by stoning," Daily Trust, 13/10/2004, Internet edition.
234. The Jamiā'at, Izālat al-Bid'a wa-Iqāmat al-Sunna, or Izala in short, is a Muslim anti-establishment movement, which traces its origins to the conflict of Sheikh Abubakar Gumi, former Grand Khadi of the Northern Region of Nigeria and founding member of the Muslim World League, and the traditional Nigerian Sufi brotherhoods.
235. See Roman Loimeier, Islamische Erneuerung und politischer Wandel in Nordnigeria (Münster, Hamburg: Lit, 1993). On Gumi's view on the emergence of the Izala movement,
236. see Sheikh Abubakar Gumi, Where I Stand (reprinted, Ibadan: Spectrum Books Limited, 2001), 155f. Christian fundamentalist movements also appear to be active in Bauchi State. They sometimes even claim that Christians make up more than half of the population of the state, which is hardly believable.
237. See "Mu'azu Restates Commitment to Sharia," This Day, 06/06/2003, Internet edition;
238. and "Ulamas Hail Muazu over Sharia," This Day, 14/07/2003, Internet edition.
239. "Mu'azu cautions sharia judges," Vanguard, 18/12/2002, 10.
240. Jibrin Ibrahim, "Ethno-Religious Differences and the Politics of Tolerance in Nigeria," paper presented at a Conference on State and Nation Making in Contemporary Africa and Asia, 17-19 February 2003, Pretoria, South Africa.
241. Kyari Tijani, "Issues in the Shari'a debate-learning from Al-Kanemi (a political economy perspective)," Borno Museum Society Newsletter nos. 50&51 January-December 2002), 7-31, esp. 31.
242. Jibrin Ibrahim, "Ethno-Religious Differences".
243. Quoted in Comparative Perspectives on Shari'ah in Nigeria, ed. Philip Ostien, Jamila M. Nasir, Franz Kogelmann (Ibadan: Spectrum Books Limited, 2005), 140f.
244. Philip Ostien, "Ten Good Things about the Implementation of Shari'a taking place in some States of Northern Nigeria," Swedish Missiological Themes, Vol. 90, No. 2 (2002), 163-74.