Amina Lawal was condemned to death by stoning on March 22, 2002 for conceiving a child outside of marriage. Ms. Lawal, aged 30, was condemned to death by stoning for adultery by a Shari'ah court at Bakori in Katsina State. A Shari'ah court of appeal decided to uphold this sentence on 19 August 2002.
Ms. Lawal´s lawyer has now filed another appeal at the Upper Shari'ah court of appeal in Katsina.
Jean has written to the Nigerian Ambassador and to the Governor of Katsina State expressing concern about the lack of transparency and the swiftness with which the trial has been conducted. Amina did not have a lawyer during her first trial, when the judgement was passed. In addition, it appears that different standards and validity of testimony were applied to Amina and the man involved in the case. This raises the concern of discrimination on the basis of gender by the court. The case is showing striking similarities with the case of Safiya Huseini, who was released after strong international outrage and pressure, and the intervention of the Nigerian Minister of Justice, Mr. Agabi.
She urged that Ms. Lawal's death sentence be set aside and that she be granted an appeal in accordance with the due process of Nigerian law and Nigeria's obligations under the African Charter on Human and Peoples Rights and the International Covenant on Civil and Political Rights. Jean believes that, were she to be executed, it would amount to cruel, inhuman and degrading punishment, as it is an intentional infliction of severe pain or suffering from which all persons are protected by the Convention against Torture, which the Federal Republic of Nigeria ratified on 28 June 2001.
The government of Nigeria has an obligation to protect the lives of all its citizens in a fair and equal manner. The death sentence should be set aside and the Federal Government should take all measures to ensure that Amina's right to an appeal be respected and enforced.