A Borno State High Court has sentenced a Christian mother, Lami Samue, to 14 years imprisonment over allegations that she advised an adult Muslim woman who subsequently converted to Christianity.
The judgment, delivered by Justice A. B. Kumalia of High Court No 12 Maiduguri, has sparked controversy among human rights advocates and religious freedom campaigners, who have questioned the legal basis for the conviction and its implications for freedom of religion in Nigeria.
Samuel, who hails from Gwoza Local Government Area of Borno State, was reportedly convicted under Section 210 of the Penal Code Laws of Borno State, a provision relating to depriving a parent or guardian of the lawful custody of a child.
The court imposed a 14-year prison sentence on Count One without an option of a fine.
According to accounts of the proceedings, the adult woman at the centre of the case testified that she converted to Christianity of her own free will, insisting that she was neither forced, induced nor deceived by Dawa.
Despite the testimony, the court found Samuel guilty and handed down the custodial sentence.
In her plea for leniency before sentencing, Samuel reportedly told the court: “I am a mother. I did not intend to cheat the victim. I only advised her. That is all.”
However, the judge declined to exercise leniency.
Husband Reportedly Receives Death Threats.
Samuel’s husband, Evangelist Amos Suleman, was also previously detained for several months in connection with the case before eventually securing bail.
He is reportedly living in hiding following alleged death threats from extremists in Gwoza.
Suleman has expressed concern over his wife’s continued detention in Maiduguri, saying that the security situation has made it difficult for him to visit her in custody.
He has also appealed to international human rights organisations, religious freedom advocates and relevant intervention groups to assist his family and support efforts to secure his wife’s release.
Human Rights Advocates Question Conviction
The judgment has attracted criticism from human rights lawyers and religious freedom campaigners, who argue that the conviction raises serious constitutional and legal questions.
They have particularly cited Section 38 of the 1999 Constitution of the Federal Republic of Nigeria, which guarantees freedom of thought, conscience and religion, including the right of individuals to change or manifest their religious beliefs.
Legal commentators have also questioned the application of Section 210 of the Borno State Penal Code, arguing that a provision dealing with the deprivation of parental or guardian custody of a child appears difficult to reconcile with a case involving a religious discussion between two adults.
Gavvs Katiya, Chairman of the Gwoza Refugees Resettlement Initiative, reportedly condemned the judgment, describing it as a case in which the court had “weaponized her Christian conviction”.
He also questioned the severity of the punishment, arguing that the sentence was disproportionate to the conduct attributed to Dawa.
Calls for CAN, Human Rights Bodies to Intervene
The case has renewed concerns about religious freedom, constitutional rights and the protection of minority communities in Borno State.
Borno has endured years of violence associated with the Boko Haram insurgency, with Gwoza among the communities that have experienced significant displacement, insecurity and demographic changes since 2009.
The latest development has prompted calls for the Christian Association of Nigeria (CAN), human rights organisations, legal practitioners and international religious freedom advocates to intervene.
Advocates are urging relevant bodies to support an appeal against the conviction and seek a review of the circumstances surrounding Dawa’s prosecution and sentencing.
As concerns continue to mount, attention is now focused on the possibility of an appeal and whether the conviction will withstand further judicial scrutiny, particularly in light of the constitutional protections relating to freedom of religion.
The case has once again raised critical questions about the relationship between state penal laws, constitutional guarantees and the right of every Nigerian adult to freely choose and practise a religion.
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