Sharia law illegal, says Nigeria's minister of justice

The strict version of sharia law practised in Nigeria's north is illegal under the country's constitution, the government declared yesterday – days before a woman sentenced to death by stoning for adultery hears an appeal court verdict on her case.

Safiya Hussaini, 35, was sentenced in October to be buried up to her neck and stoned to death after an Islamic court convicted her of having a child by a married neighbour.

She had a child after a divorce, but says that the father is her former husband, and that they were married when the child was conceived.

On Monday, in the city of Sokoto, the capital of the Muslim north, she will hear whether an appeal court has overturned the verdict.

The Justice Minister, Godwin Agabi, has written to the 12 northern states, which have Muslim majorities, saying that "a Muslim should not be subjected to a punishment more severe than would be imposed on other Nigerians for the same offence". His letter does not refer to the Hussaini case.

Under sharia law, stoning, amputation and flogging have been introduced in the past two years.Supporters of sharia argue that it applies only to Muslims who have willingly submitted to its jurisdiction. However, the letter from Mr Agabi, quoted in several Nigerian newspapers, states that any court "which imposes discriminatory punishment is deliberately flouting the constitution".

President Olusegun Obasanjo has said he would prefer Ms Hussaini's execution not to be carried out, and human rights groups have called for federal intervention.

"As a respected member of the world community, we cannot be indifferent to these protests," Mr Agabi wrote.

General Obasanjo received significant support from northern Muslims at the last election, although he himself is a southern Christian. Observers say the government's policy swing yesterday was influenced by growing numbers of voters in the north expressing disillusionment with sharia law.