“Political Shari’a”?
Human Rights and Islamic Law in Northern Nigeria

I. Summary

II. Recommendations

To Nigerian government and judicial authorities, at federal and state levels

To foreign governments and intergovernmental organizations

III. Background

Shari’a

IV. The extension of Shari’a to criminal law in Nigeria

Shari’a courts and appeal procedures

The role of the “ulama”

Choice of courts

V. Human rights violations under Shari’a in northern Nigeria

Use of the death penalty

Case study: Fatima Usman and Ahmadu Ibrahim (Niger State)

Death sentences in Bauchi State

Yunusa Chiyawa

Jibrin Babaji

Umar Tori

The execution of Sani Yakubu Rodi (Katsina State)

Attahiru Umaru (Kebbi State)

Sarimu Mohammed Baranda (Jigawa State)

Safiya Husseini (Sokoto State)

Amina Lawal (Katsina State)

Other adultery cases

Amputation sentences

Execution of amputation sentences in Zamfara State

Prolonged detention of defendants sentenced to amputation

Case example:  Yahaya Kakale (Kebbi State)

Other cases and patterns of abuse

Police torture and forced confessions

Absence of legal representation and abuse of power by police and  prosecution officials

Children sentenced to amputation

Floggings

Discrimination against women

VI. Absence of legal representation

VII. Training of judges

VIII. The enforcement of Shari’a and the role of the hisbah

IX. Freedom of conscience and religion, and the impact of Shari’a on non-Muslims

X. The impact of Shari’a on freedom of expression

Self-censorship

XI. The politicization of religion:  reactions to the implementation of Shari’a

XII. International reactions to Shari’a in Nigeria

XIII. Shari’a and the Nigerian constitution

XIV. The federal government’s position on Shari’a

XV. Failure to conform to international human rights standards

The right to life

The right to a fair hearing

The right to be free from torture and cruel, inhuman or degrading treatment or punishment

The right to equality before the law

The right to privacy

XVI. Conclusion

XVII. Acknowledgements

Vol. 16, No.9(A)   September 2004