Compte rendu d'audience,
by Ms Nogi IMOUKHUEDE, lawyer and women activistAT THE SOKOTO STATE SHARIA COURT OF APPEAL Dear networkers,
Sorry my report was so brief, that was because I could not find a cybercafe in Sokoto. I had to go to the University of Sokoto to use their facilities and they only allowed me 10 minutes to send my message. Only two of us finally made the trip to Sokoto, Mr. J.J. OWA, our Project Co-ordinator of Men Against Violence and myself. The Sharia Court of Appeal is headed by a Grand Khadi who is a respected Islamic scholar and is supported by other Khadis. The Grand Khadi and three other Khadis made up the panel that heard Safiya's appeal. Safiya was present with her daughter and she has become quite a celebrity with photo journalists recording her every move, she was the centre of attention. Safiya is full of life, very friendly and respectful and willingly posed with everybody. Fellow Sokoto citizens were quite bemused with all the attention she is getting. She was represented by a team of 20 lawyers lead by Abdulkadir Imam IBRAHIM and also the Legal Adviser to the Federal Ministry of Women Affairs, Ms. Omo-OSAGIE, Hauwa IBRAHIM, National Publicity Secretary Nigerian Bar Association, Bola ODUGBESAN esq, Personal Assistant to the Solictor-General of the Federation, Mrs Ladidi ABDULKADIR, Legal Officer, Federal Ministry of Justice, Danjuma. A. POLYCARP representing WRAPA an NGO.
When the proceedings began at about 10.30 am the State Prosecuting Counsel, Mohammed BARAU addressed the Court and replied to all the points raised by Safiya's lawyer, Abdulkadir IBRAHIM.
The proceedings were conducted in the Hausa language and we needed an interpreter to enable us follow the proceedings. The court procedure was quite different from what I am used to because of the language barrier and the fact that Islamic legal system is the court's area of jurisdiction. The issues discussed involved various interpretation of the Quaran, Hadith, Maliki law and sermons of the holy prophet Muhammed and other Islamic jurists. It was really unfamiliar territory for me.
The court kept asking the prosecutor to address them on the point that at the time of the alleged offence the Sokoto State Sharia Panel Code had not commenced. We were made to understand that Islamic law disallows retroactive and retrospective laws. That is a very strong point for Safiya because the Law commenced on the 31st of January 2001, while the date the information of the offence was received is 23rd of December 2000, after Safiya had conceived.
A submission of the prosecuting State Counsel that really jarred was when he stated that the law demands that proof of adultery needs the evidence of 4 eye witnesses to the alleged act, trustworthy males not females who would be present at the same time. He justified the release of the co-accused on the fact that there was insufficient evidence but for Safiya, he insisted that pregnancy and delivery is sufficient proof of the alleged act.
Safiya's Counsel also addressed court on various lapses in the prosecution's case,
- the fact that she was unrepresented by counsel at the lower court,
- the fact that she did not understand the nature of the offence which is an arabic concept which was not interpreted and explained to her and many other Islamic concepts which I am not versed in.
Constitutional issues were also canvassed. Our interaction with members of the public who are also moslems shows that they are quite supportive of Safiya. They were quite critical of the way privacy of citizens are being violated in the name of religion. The quoted examples in the Quran where they said that people who confessed adultery to the holy prophet Mohammed did so on their own volition. That their confessions were acts of penitence and sited an example where the holy prophet asked the woman 4 times if she knew the gravity of her confession and it was on her insistence that she was punished.
My feelings from interaction with the people in the court is that though they are highly critical of the new Sharia Panel Code, there is a conspiracy of silence because it is a sensitive religious issue and nobody wants to be branded an infidel.
After the court proceedings I was able to talk to Safiya for a few moments before she was whisked away. She told me that she is a Kolanut trader and she hopes to get married again once the case is over.
After the court session ended and I had sent my brief message to you,we decided to break our journey, by travelling from Sokoto to Kaduna and spending the night there, before continuing to Benin City the following day. It was at the Motor Park I experienced gender discrimination, became a victim and I knew what the women of Northern Nigeria are up against. More details tomorrow. Please find below a newspaper report on the proceedings.
please join us at www.kabissa.org/mailman/listinfo/womensrightswatch-nigeria to fight gender persecution
Nogi IMOUKHUEDE& & & traduction bientot Nous avons promis à Nogi de lui rembourser les frais de voyage (300 dollars) nous avons réuni la moitié de la somme ... Si vous pouvez participer, noius vous donnerons les coordonnées de l'association pour que vous puissions lui adresse directement par "WESTERN UNION"
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