The National Human Rights Commission (NHRC) has expressed its satisfaction with the recent judgment delivered by the High Court of Bauchi State in the case of Mr. Hamisu Abdullahi v Bauchi State’s Sharia Council.
The judgment which was delivered last Thursday – August 29, to be precise – overturned the previous death sentence imposed by the Sharia Court of Bauchi State.
Mr. Abdullahi, a 25-year-old resident, was originally convicted and sentenced to death by stoning by the Sharia Court in Mararaban Liman Katagum on October 29, 2022, following allegations of rape and sodomy.
But convinced that there was a miscarriage of justice in the case, the NHRC filed an appeal on behalf of the defendant , arguing that Abdullahi’s trial and conviction violated his constitutional right to a fair hearing and legal representation, as guaranteed by Section 36 of the Constitution of the Federal Republic of Nigeria.
In its ruling, the High Court, presided over by Justice M.M. Abubakar, found several flaws in the Sharia Court’s proceedings.
According to Justice Abubakar, the trial did not adhere to the provisions of the Bauchi State Sharia Law of 2001, as it failed to meet the statutory requirements for instituting charges, which include a written complaint by the Attorney General, a complaint from the victim, and a First Information Report.
More importantly, Justice Abubakar frowned at the fact that Mr. Abdullahi was denied adequate time to prepare his defense and was not provided with legal representation.
Consequently, he ruled that the evidence presented against Mr. Abdullahi was insufficient to meet the standard of proof beyond a reasonable doubt; he therefore discharged and acquitted Mr. Abdullahi.
The NHRC commended the court for its decision, praising the judgment as a “significant advancement in Nigeria’s human rights jurisprudence”, highlighting the importance of safeguarding the rights of individuals against wrongful convictions and violations.
Commending the judgment, Dr. Tony Ojukwu, SAN, Executive Secretary of the NHRC, reaffirmed the Commission’s commitment to promoting and protecting human rights across Nigeria.
He emphasized that the NHRC will continue to uphold national, regional and global human rights obligations, adding that Commission would continue to advocate the abolition of the death penalty and similar punishments for crimes, that tend to debase the human person.
Specifically, Ojukwu assured that the NHRC remains dedicated to defending the rights of all Nigerians, regardless of status, ethnicity, religion, or sexual orientation, and will work with civil society organizations to ensure dignity and freedom from fear and violence for all.
Established under the Paris Principles by the NHRC Act of 1995 and amended in 2010, the National Human Rights Commission is an independent body tasked with investigating human rights violations and promoting the observance of human rights in Nigeria.
The Commission also serves as Nigeria’s National Preventive Mechanism in accordance with the Optional Protocol to the UN Convention Against Torture.
