Women's Empowerment and Leadership Development for Democratisation

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Nigeria: Details of Daso Adamu's case

On the 9 December 2004 an Upper Sharia Court in Ningi, Bauchi state, discharged and acquitted Daso Adamu of a death sentence by stoning.
The sentence was given to her by the Agwarmaji Lower Sharia Court, in accordance with the Bauchi State Sharia Criminal Procedure Code 2001. She was freed on the following grounds:

  1. That unless a person presents oneself before a judge or a court of law and admitting to having committed an offence coupled with a request that punishment should be meted out, the person cannot be said to have committed an offence. In his opinion the judge said that Daso Adamu having being arraigned by the Commissioner of police before the Agwarmaji Lower Sharia Court cannot be said to have confessed to the commsion of adultery as alleged.

  2. The judge opined that doubt was cast in the prosecutions's case against the appellant regarding the fact that the appellant had been married before. It was also noted that the preponderance of evidence should tilt in favour of the appellant as the prosection did not prove its case beyond reasonable doubt. It was also noted that the matter before the court was that of paternity as opposed to zina.

  3. In view of the above stated reasons and pursuant to the Bauchi state Criminal Procedure Code 2001 section 37 the appellant Daso Adamu was hereby discharged and acquitted.

There is however a right of appeal to the Sharia Court Bauchi to whoever is aggrieved by the decision of the court.

The court sat at 12.05 noon and rose at 2.05pm.

Daso Adamu was represented by Abdulkadir Suleiman and Ndidi Ekekwe (Counsel).

BAOBAB for Women's Human Rights the supporting organisation that retained the services of counsel was represented by Ndidi Ekekwe and Rose Musa.