A Borno State High Court has handed down a 14-year prison sentence to a Christian mother, Lami Samuel, 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. They 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.
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 Samuel. 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 that she did not intend to cheat the victim and only advised her. However, the judge declined to exercise leniency. The court imposed a 14-year prison sentence on Count One without an option of a fine.
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, citing the security situation as a major challenge in visiting her in custody. He has 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.
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. This has led to concerns about the court's interpretation of the law and its implications for religious freedom in Nigeria.
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. They argue that the court's reliance on this section may set a worrying precedent for future cases involving religious conversions. The case has renewed concerns about religious freedom, constitutional rights and the rule of law in Nigeria.
Gavvs Katiya, Chairman of the Gwoza Refugees Resettlement Initiative, has 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 Samuel. Katiya's comments reflect the concerns of many who believe that the sentence is unjust and excessive.
The case has sparked widespread concern and calls for intervention from the Christian Association of Nigeria (CAN), human rights bodies and other stakeholders. Many are urging them to take a closer look at the case and consider possible interventions to secure Samuel's release. The case highlights the complexities and challenges of balancing individual rights with societal interests in Nigeria, and the need for a nuanced approach to issues of religious freedom and constitutional rights.
Key points
- The conviction has sparked controversy among human rights advocates and religious freedom campaigners.
- The case has renewed concerns about religious freedom, constitutional rights and the rule of law in Nigeria.
- The sentence has been described as disproportionate to the conduct attributed to Samuel.
