Interights v Nigeria (Communication 269 of 2003)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The African Commission on Human and Peoples' Rights took note of the complainant's written request to withdraw the communication and decided to close the file. The communication had alleged violations of fair trial rights and other guarantees under the African Charter arising from the application of Sharia penal law in northern Nigerian states, including death sentences by stoning for adultery and amputations for theft.

Outcome

Communication withdrawn by complainant and file closed by the African Commission

Facts

INTERIGHTS filed a communication on behalf of Safiya Yakubu Husaini and others alleging systematic violations of fair trial and due process rights in Sharia Courts in northern Nigeria. Ms Husaini, a nursing mother, was sentenced to death by stoning by a Sharia Court in Sokoto State for adultery. The complaint cited multiple similar cases including Bariya Magazu who received 100 lashes for zina, and several men sentenced to amputation for theft or caning for drinking alcohol. The complainant alleged that accused persons received no legal representation, that only Muslim lawyers could practice in Sharia Courts, that appeals did not reach the Supreme Court, and that the Sharia penal legislation subjected Muslims to lower fair trial standards than non-Muslims. The Chairman of the African Commission issued urgent appeals to the Nigerian President requesting suspension of Sharia penal statute implementation. The Nigerian administration responded that it could not unilaterally suspend state-level Sharia statutes but would protect rights. Ms Husaini's death sentence was subsequently overturned by the Federal Court of Appeal. After multiple deferrals and requests for submissions, the complainant orally indicated withdrawal at the 36th Ordinary Session and submitted written confirmation during the 37th Ordinary Session.

Issues

1. Whether the communication should be withdrawn at the request of the complainant.

Orders

• Communication withdrawn.
• File closed.

Legislation cited (3)

• African Charter on Human and Peoples' Rights Articles 2, 3, 4, 5, 6, 7, 26
• Rules of Procedure of the African Commission on Human and Peoples' Rights Article 111
• Constitution of Nigeria 1999

The original judgment as reported. Read the original PDF before relying on any passage.