The National Human Rights Commission (NHRC) of the Federal Republic of Nigeria welcomes the judgement of the High Court of Bauchi State sitting in Bauchi in an appeal brought by the NHRC on behalf of Mr. Hamisu Abdullahi in Suit number:
BA/270/SA/2023. Twenty-five-year-old Mr. Abdullahi was convicted by the Sharia Court of Bauchi State sitting in Mararaban Liman Katagum on 29th of October 2022 and sentenced to death by stoning over allegations bothering on rape and sodomy.
2. The National Human Rights Commission entered an appeal on behalf of the Mr. Abdullahi contending that his trial and conviction were contrary to the provisions of section 36 of the Constitution of the Federal Republic of Nigeria as he was not afforded his right to fair hearing and legal representation.
3. In his judgement dellvered on the 29th of August 2024, setting aside the judgment of the Sharia Court and discharging the appellant. Justice M.M Abubakar held that:
- The trial by the Sharia Court did not comply with the provisions of the Bauchi State Sharia Law of 2001 and did not meet the three conditions for instituting a charge under the law. a written complaint against the accused by the Attorney General, a complaint by the victim of crime; and a First Information Report.
- The appellant was not given adequate time for defence and no legal representation.
- The case against the accused person was not proven beyond reasonable doubts.
4. The NHRC commends the courage of the court in advancing Nigeria's human rights jurisprudence and for upholding the right of a convict to seek justice for wrongful conviction and the violation of other associated rights.
5. The Commission will continue to deploy its promotional and protective mandates to uphold national, regional and global human rights obligations to which Nigeria has committed itself. The NHRC is committed to defending the human rights of Nigerians without regard to status, ethnic, religious or political persuasions or sexual orientations. The Commission further commits to leading advocacy, deploying public interest litigation, working with civil society organisations and other partners for the abolition of the death penalty and the protection of the rights of all Nigerians Including key populations in Nigeria to live in dignity and freedom from fear and violence.
Issued in Abuja this Friday, 30* Day of August 2024.
Dr. Tony Ojukwu OFR SAN ficmc
Executive Secretary, NHRC Nigeria
Notes:
The National Human Rights Commission (NHRC) is an independent institution established under the Paris Principles by the NHRC Act of 1995 and amended in 2010 to promote and protect human rights in Nigeria. The Commission has broad mandates to investigate human rights violations and also serves as an extra-legal body with powers to institute legal proceedings, award decisions and compensation to victims of human rights violations. The NHRC also serves as Nigeria's National Preventive Mechanism (NPM) in line with the Optional Protocol to the UN Convention Against Torture.
