Presiding judge Mohammed Mustafa Omar of the Upper Sharia court said on Wednesday that the lower Sharia (Islamic law) court was wrong in sentencing Hajara Ibrahim, 18, to death by stoning on October 8.
"This court observes the following faults in the lower court judgment: Firstly, the judge was wrong in sentencing Hajara to 100 lashes and death by stoning, all at the same time," he said.
"Secondly, Dauda Sani was charged to court for having an affair with Hajara which he denied. Therefore, the lower court should have dismissed the case and sentenced Hajara's father who was the plaintiff to 80 lashes for slander," he said.
The judge at the court in Dass, in the northern Bauchi State, said the lower court also erred by not giving Hajara the chance for defense.
"Any judgment passed without chance of defense is null and void. Based on these reasons, this court hereby nullifies the lower court judgment and discharges and acquits Hajara Ibrahim," he added.
Hajara had appealed against her conviction by the lower Sharia court in Lere village in Tafawa Balewa district, in Bauchi State for adultery, contrary to section 130 of the state's strict Sharia penal code, enacted two-and-a-half years ago.
Her lawyer, Abdel Kadir Suleiman, had argued that the October ruling was invalid because Hajara had not consummated her marriage before sleeping with her boyfriend and conceiving a child and was thus innocent of the capital crime of adultery.
Hajara was happy about the ruling and thanked those who assisted her.
"I am happy that I have been acquitted. I thank God and those that helped me through this trying moment," she said.
"My main worry now is my health and that of my child. I hope for a safe delivery," she added.
Hajara said she has forgiven her boyfriend for denying he had an affair with her. "I have left him to his conscience."
© 2004 Agence France-Presse
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