Although sources report that the prescribed penalty for apostasy under Islamic law is death (Post Express 20 Mar. 2000; ibid. 14 Oct. 2000), no mention of this punishment being imposed in Nigeria could be found among the sources consulted by the Research Directorate.

The following information was provided in correspondence dated 27 March 2001 from a professor in the Department of History at Idaho State University. He was a lecturer at Bayero University, Kano from 1978 to 1983 and has published a book on Islamic law in Nigeria, Thus Ruled Emir Abbas. In response to a question concerning the role, if any, of an Imam in the issuing of death sentences, the professor wrote:

Traditionally ridda, rejection of Islam by a Muslim, could be punished with the death penalty. In the early days of Islam, as the Prophet Muhammad and his followers in Madina were fighting with the Meccans, rejection of Islam was tantamount to treason in a wartime situation. Ridda can mean conversion to another religion, or the expression of heretical views that one claims to be Islamic.

There have been occasional heretical movements within Islam in northern Nigeria, notably the Isawa in the mid-19th century. Since the British conquest of the north in 1903, apostasy has not been legally punishable, though it no doubt can lead to social ostracism. In southern Nigeria, it does not raise serious problems. There are many families which contain members of different faiths. In the north, I suspect conversion is rare. The most problematic area is the Middle Belt, where Muslims and Christians compete for converts. The Middle Belt bore the brunt of slave raiding in the 19th century, and this left many bad feelings. In recent years the Middle Belt has been frequently the scene of conflicts between Muslims and Christians.

When asked about the consequences of converting from Islam, the professor wrote:

Over the last two years, many states in the north have proclaimed the integral application of Islamic law. It has always been applied in family matters. Now it has been extended to criminal law. However, the states concerned claim that they do not apply Islamic law to non-Muslims. Certainly the federal government would not allow the punishment of conversion. However, the federal government under President Obasanjo has taken a sort of hands off approach to the unilateral decisions of northern states to institute Islamic law. The government also tolerates vigilante groups in some regions, or at least seems helpless to stop them. In these circumstances, individuals or groups might decide to apply apostasy law on their own, assuming they would neither be stopped not punished. A convert, especially in the Middle Belt or the North would have a very real and legitimate fear of punishment, though not one officially handed down by a court.

According to the Annual Report on International Religious Freedom for 2000, the bill establishing Sharia Law in Zamfara state in northern Nigeria, and which took effect on 27 January 2000, did not criminalize apostasy (Sept. 2000). Reporting on a Protestant Christian mission in Nasarawa, "a largely Muslim area," that had reportedly experienced "societal intimidation and fear of attack," the Annual Report on International Religious Freedom for 1999 noted that "there were no known reports of societal violence to enforce the Islamic prohibition against apostasy" (Sept. 1999).

In the summer of 2000 "a body known as the Nigeria Inter-Religious Council (NIREC) held a seminar on Sharia in Abuja that was chaired by the President of the Christian Association of Nigeria (CAN) and the Sultan of Sokoto (NigeriaExchange Reports 28 June 2000). A communique issued at the end of the meeting included a resolution that "that Moslems have the right to practice Sharia in accordance with the demand of Islamic religion and within the provisions of the constitution even as NIREC appreciated fears by Non-Moslems on the application of Islamic Law, especially in the areas of apostasy and capital punishment" (ibid.).

Speaking at the Lambeth Conference, a gathering of 600 bishops which was addressed by the Archbishop of Canterbury,

The Rt Rev Josiah Idowu-Fearon, Bishop of Kaduna, in Nigeria, said despite claims that the two faiths could live together in mutual trust and respect, his own experience in northern Nigeria gave him little grounds for optimism.

"The reality is conversion in Islam spells death," he said. "That is what we experience and they will refer you to the Koran. If you want (the views of) academics, it may be different; but if you want reality, come to Africa and see what's happening - because conversion equals death" (The Independent 28 July 1998).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

Annual Report on International Religious Freedom for 2000. September 2000. United States Department of State. Washington, D.C. http://www.state.gov/www/global/human_rights/irf/irf_rpt/irf_nigeria.html [Accessed 23 Mar. 2000]

Annual Report on International Religious Freedom for 1999. September 1999. United States Department of State. Washington, D.C. http://www.state.gov/www/global/human_rights/irf/irf_rpt/1999/irf_nigeria99.html [Accessed 23 Mar. 2000]

Idaho State University, Department of History. 27 March 2001. Correspondence from professor.

The Independent. 28 July 1998. Clare Garner. "Muslims Persecute Us, Says Bishop." (NEXIS)

NigeriaExchange Reports, Dearborn, MI. 28 June 2000. "Sharia: Christians and Moslems Sue for Unity." http://www.ngex.com/nigeria/sharia/christian&moslems.htm [Accessed 23 Mar. 2001]

Post Express [Lagos]. 14 October 2000. "Nigeria; Sharia: Bauchi, Gombe - The Dilemma of Two Sister States." (Africa News/NEXIS)

_____. 20 March 2000. "The Trail of Bloodbath in Kaduna." www.postexpresswired.com [Accessed 27 Nov. 1998]

IRB databases

LEXIS-NEXIS

REFWORLD

World News Connection (WNC)

Eight non-documentary sources contacted did not provide information on the requested subject.

Unsuccessful attempts to contact four non-documentary sources

Internet sites including:

The Guardian [Lagos]

Keesing's Record of World Events [Cambridge].

Nigeria News Network.

Post Express [Lagos].

Vanguard [Apapa].

Search engines including:

Google