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Amina Lawal: Sharia Appeal Court Judgement Sept. 25
Sharia Court of Appeal sitting in Katsina has reserved judgment till September 25 in the appeal case filed by Aminat Lawal against the death penalty passed on her by the Bakari Sharia Court last year in the state.
An Upper Sharia court in Funtua had upheld the sentence passed an Aminat Lawal before the case was taken to the Sharia Court of Appeal in the state capital by the Women Rights Organisation.
When the case was called yesterday before the five Sharia judges: Khadis Aminu Ibrahim Katsina, Sulaiman Mohammed Daura, Ibrahim Umar, Shehu Muazu Dan Musa and Sule Sada Sauri, state counsel, Nura Darma, raised preliminary objection as to the appearance of Mallam Yunus Ustaz Usman, SAN, who said he was representing NBA in the court, because, Darma argued, NBA was not a party to the case.
Earlier, Usman had told the court that he was in court to represent the NBA due to the importance of the case at the national level.
Opening the appeal case on behalf of Aminat Lawal, her counsel, Aliyu Musa Ywuri, said the case of adultery cannot succeed due to that the judge who first heard the case in Bakori failed to sit with two other court assessors as required by Sharia.
The counsel contended that pregnancy was not a basis for adultery against a married woman as the pregnancy could still be transferred to her former husband even after leaving him for five years as provided by the Imam Maliki School of Law.
Yawuri further stated that the confession of Aminat Lawal before the court can still be withdrawn because such a confession can never be regarded as of absolute pertinence.
The lower court, Bakoni according to the counsel, failed to make adequate investigation into the case before passing death sentence on Aminat Lawal.
Yawuri urged the court to disregard the judgments of the lower courts in Bakori and the upper Sharia court in Funtua and discharge and acquit her client.
Also arguing the case before the appeal court, the state counsel Mallam Darma said there was no law in Islam which made it compulsory for a judge to sit with other assessors, before judgment can be passed, adding that Bakori area court has the jurisdiction to hear the matter.
Darma pointed out that the appearance of the pregnancy was enough to convict Aminat Lawal for adultery as stated by Sharia law.
Darma then urged the court to uphold the judgment passed on her by the lower courts in Bakori and Funtua respectively.
Aminat Lawal was in court with her baby who is now about twenty months.
There was large presence of foreign media representatives at the trial which lasted more than eight hours.
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