Jenda: A Journal of Culture and African Women Studies (2001)

ISSN: 1530-5686

PETITION AGAINST DEATH PENALTY

 Jenda: A Journal of Culture and African Women Studies

Nogi Imoukhuede

The Attorney General and Commissioner for Justice,
Sokoto State,
Nigeria.

Dear Sir,

Petition Against Death Penalty by Stoning Against Safiya Hussaini Tungar-Tudu

Women’s Right Watch Nigeria wish to protest vehemently the violation of the human rights of Safiya Hussaini Tungar-Tudu a 30 year old woman who was sentenced to death by stoning by the upper sharia court, Gwadabawa for being pregnant without a husband.

Our mandate is to:

  1. Campaign for the elimination of gender related persecution of Nigeria women.
  2. Alert the Nigerian public on any known violation of women’s rights.
  3. Render free legal services to victims of gender related persecution.
  4. To advocate and lobby for the adoption and enactment of the United Nations Convention on the Elimination of all forms of Discrimination Against Women (CEDAW).
  5. Sensitize the Nigerian Government and its agencies on gender related persecution in Nigeria in order design policies and programmes aimed at correcting the situation.

You may wish to be informed that the death sentence passed by the Upper Sharia Court, Gwadabawa, Sokoto State is illegal, unconstitutional and we intend to seek legal redress for the law to be nullified and abrogated.

Under Section 277 of the 1999 Constitution the Sharia Court of Appeal only has jurisdiction over civil proceedings on questions of Islamic Personal Law such as marriage and inheritance.

Furthermore, Section 10 of the Constitution specifically prohibits the adoption of any religion as a state religion.

As you are aware under S. 1 of the Constitution the Constitution is supreme and S. 1(2) stipulates that - The Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the Government of Nigeria on any part thereof, except in accordance with the provisions of this Constitution.

All elected officials under this administration have sworn allegiance to the Constitution of the Federal Republic of Nigeria, to promote good Governance, uphold freedom, equality, justice and unity as declared under the preamble of our Constitution.

Nigeria is one of the few countries which still upholds, the death penalty, the Criminal Procedure Code Law which is binding on every state of the Federation only provides for death by hanging under Section 367(1). Furthermore Section 300 and 301 Criminal Procedure Code stipulates that the death penalty shall not be executed on a pregnant woman but she shall be pardoned or imprisoned. We will like to comment specifically on the offence of Adultery under the Penal Code which was adopted by the then Northern States of Nigeria. Adultery though an offence was never a capital offence, the punishment was 2 years imprisonment with an option of fine.

It is therefore unimaginable that in this 21st Century when nations are fully exploiting their abundant human and natural resources and bridging the gender gap by ensuring gender equality and equity your state is condemning a pregnant woman to death for engaging in voluntary sexual relations outside marriage. The court judge, Alhaji Muhammadu Bello, in his judgment said that the death penalty should be carried out after the woman has delivered and weaned her child. This judgment has further threatened the existence of the unborn child who will be denied maternal care in violation of the United Nations Convention on the Rights of the Child which Nigeria is a signatory to which states that ‘every child has the right to life and be allowed to survive and develop’. We therefore urge you to initiate proceedings to repeal that law as it is unconstitutional, illegal and repugnant to natural justice, equity and good conscience.

TAKE NOTICE that Women’s Rights Watch Nigeria intends to institute legal proceedings against Sokoto State to repeal the Law against death by stoning for the offence of adultery as being illegal, unconstitutional and null and void.

Please find enclosed our petition against gender persecution in Nigeria which was signed by nationals from 32 countries.

Thank you.

MRS. NOGI IMOUKHUEDE

WOMEN’S RIGHTS WATCH NIGERIA

CC:

1. Attorney general, Federal Republic of Nigeria.
2. The Speaker, Sokoto State House of Assembly
3. The National Human Rights Commission, Abuja.
4. The Minister, Ministry of Women Affairs and Youth Development.
5. The Presidential Adviser on Women Affairs, The Presidency, Abuja.

Copyright 2001 Women's Rights Watch Nigeria

Citation Format

Imoukhuede, Nogi (Reprint, 2001). PETITION AGAINST DEATH PENALTY. Jenda: A Journal of Culture and African Women Studies: 1, 2.