CAPA Calls for Urgent Justice for Liyatu Samuel Dawa Over Reported 14-Year Prison Sentence in Borno State, Nigeria

Religious Freedom Is a Constitutional Right, Not a Privilege Granted by the State

The Council of American Peace Advocates (CAPA), an international organisation committed to peacebuilding, justice, human dignity, religious tolerance and the protection of fundamental human rights, has expressed concern over reports that a Christian woman, Liyatu Samuel Dawa, has been sentenced to 14 years’ imprisonment by a court in Borno State, Nigeria, following allegations reportedly linked to her sharing of the Christian faith with another adult woman.

According to the circulating account, the woman who reportedly embraced Christianity testified that her decision was voluntary and was made without coercion, deception or inducement. The report further alleges that Dawa was prosecuted under Section 210 of the Borno State Penal Code, a provision said to relate to interference with lawful parental custody.

CAPA stated that it had not independently obtained the certified judgment or complete court proceedings. The organisation, however, maintained that the reported circumstances raised important constitutional and human rights questions that warranted transparent and impartial examination.

CAPA argued that no Nigerian should be imprisoned merely for peacefully professing, sharing or changing religious beliefs. It also acknowledged that the circumstances of the conviction, the evidence presented and the court’s interpretation of the applicable law must be carefully examined before definitive conclusions can be reached about the legality of the sentence.

The Nigerian Constitution Must Remain Supreme

Nigeria is a constitutional democracy founded on the principles of justice, equality, liberty and the rule of law.

Section 38(1) of the Constitution of the Federal Republic of Nigeria, 1999, as amended, guarantees freedom of thought, conscience and religion, including the right to change one’s religion or belief.

The constitutional provision also protects the manifestation and propagation of religion through worship, teaching, practice and observance, subject to applicable constitutional and legal provisions.

Other relevant constitutional safeguards include:

• Section 39(1): Guarantees freedom of expression, including the right to hold opinions and communicate ideas and information.
• Section 42(1): Protects Nigerian citizens against discriminatory treatment on specified grounds, including religion.
• Section 36(1): Guarantees the right to a fair hearing before an independent and impartial court or tribunal.
• Section 36(12): Provides that a person shall not be convicted of a criminal offence unless the offence is defined and the penalty prescribed in a written law.
• Section 1(3): Establishes the supremacy of the Constitution over any other law that is inconsistent with its provisions, to the extent of the inconsistency.

These provisions are central to the protection of fundamental rights in Nigeria. Their application to individual criminal cases, however, depends on the facts, the relevant legislation and the findings of the court.

CAPA maintained that religious freedom should not be treated as an exclusive right belonging to any particular faith. Rather, it is a fundamental right that should be protected for Christians, Muslims and people of other religious beliefs.

CAPA’s Appeal to the Federal Government and Judicial Authorities

CAPA called on President Bola Ahmed Tinubu, the Attorney-General of the Federation and Minister of Justice, the Governor of Borno State, relevant judicial authorities and the National Human Rights Commission to give appropriate attention to the reported case within their respective constitutional and statutory responsibilities.

The organisation made the following requests:

1. Independent examination of the judgment: A review of the charges, evidence, statutory provisions and constitutional implications of the case.
2. Access to legal representation and appellate remedies: Ensuring that Liyatu Samuel Dawa has access to legal assistance and any applicable appeal procedures, including consideration of bail or other lawful relief where appropriate.
3. Examination of the applicable law: Clarification of the reported application of Section 210 of the Borno State Penal Code and whether the alleged conduct satisfies the legal elements of the offence.
4. Protection against religious discrimination: Ensuring that no citizen is criminally punished solely for peaceful religious expression or voluntary conversion where such conduct is protected by law.
5. Appropriate judicial relief: Consideration of any available legal remedy, including the setting aside of a conviction if a competent court determines that it is legally defective or constitutionally impermissible.
6. Protection of all persons involved: Safeguarding Dawa and the woman reported to have changed her faith against intimidation, harassment or retaliation.

CAPA said the requested measures were intended to promote transparency, protect fundamental rights and ensure that the case was assessed through established legal procedures.

Justice Must Never Be Sacrificed on the Altar of Religious Differences

CAPA stated that peaceful coexistence depends on the protection of human dignity and the ability of people to exercise their fundamental rights without fear of discrimination.

The organisation said it respected the independence of the Nigerian judiciary and recognised that the merits of individual criminal cases must be determined through lawful judicial procedures.

It nevertheless maintained that judicial independence should operate alongside constitutional accountability, fair hearing and the protection of fundamental rights.

CAPA said that, if the reported circumstances were confirmed and the conviction was found to have been based solely on peaceful religious communication, the case would raise serious questions about the protection of religious liberty, the proportionality of the sentence and the compatibility of the conviction with constitutional safeguards.

The organisation called for a careful examination of the court’s findings, the prosecution’s case and the applicable statutory provisions before definitive conclusions were reached.

It further stressed that the protection of religious freedom should apply equally to people of different faiths and should not be used to promote sectarian hostility or prejudice against any religious community.

Our Final Appeal: Justice for Liyatu Samuel Dawa

CAPA appealed to the Nigerian authorities and the public to approach the matter without prejudice, sectarian hostility or political interference.

The organisation urged the relevant authorities to ensure that the law protects Muslims, Christians and people of other beliefs with equal dignity and that all parties involved receive the protection and legal safeguards to which they are entitled.

It called for a transparent review of the reported conviction, access to appropriate legal remedies and the protection of Dawa’s constitutional rights.

CAPA reiterated its commitment to peaceful coexistence, interfaith harmony and justice for all, while emphasising that the outcome of the case should be determined through the proper legal process.

The organisation maintained that the case underscored the importance of protecting religious freedom while upholding due process, the rule of law and the independence of the judiciary.

Issued by:

Professor Wanda Page
Director
Council of American Peace Advocates (CAPA)
United States of America

Website: www.capa-peace.org

Peace • Justice • Human Dignity • Religious Freedom