A Kano State High Court of Appeal on Thursday ordered the retrial of Yahaya Sharif-Aminu, 30, who was sentenced to death by hanging for blasphemy.
The two man panel, led by Justice Nura Sagir and Justice Nasiru Saminu, overruled the decision of an upper Shari’a court that sentenced Sharif to death by hanging.
The court said that the convict was not given a legal representation, adding that it was the duty of the Shari’a court to ensure he gets a lawyer.
“Section 269 (3) and (4) of Administration of criminal justice law(ACJL) says a defendant standing trial in capital offences shall be entitled to seek a legal representation”
Saminu said there were irregularities in the trial and the judgment set a side.
He ordered the case to be sent back to the same Upper Sharia Court and be retried by another judge.
Gfhnews recalls that an Upper Sharia Court Judge Malam Ali Kani, had on Aug.10, 2020 sentenced the appellant to death by hanging after his conviction for blasphemy under Section 382 (b) of the Kano State Sharia Panel Code Law 2000.
The convict was dragged before the court by the police on a count charge of inciting religious creed contrary to Section 382 (6) of the Kano State Sharia Panel Code Law 2000.
“The convict made blasphemous and degrading audio remarks against Prophet Muhammad (PBUH),” he said.
Those joined in the suit are: Gov. Abdullahi Ganduje and the state’s Commissioner of Justice and Attorney General.
Following the judgment, the appellant through his counsel Barr. Kola Alapinni, prayed the to set aside the lower court’s judgment, arguing that it was unconstitutional, null and void.
“Having grossly violated and conflicted with the constitution of the Federal Republic of Nigeria 1999 as amended.
“Having violated the African Charter on human and people’s rights and the universal declaration of human right respectively.”
However, Counsel to the respondent, Barr Aisha Mahmoud, urged the court to dismiss the suit.
Meanwhile the court also discharged and acquitted Umar Faruk,17, who was sentenced to 10 years in correctional centre for blasphemy.
Faruk was on Aug.10, 2020 sentenced to 10 years in correctional centre by an Uppper Sharia Court sitting in Kano for alleged derogatory remarks on Allah during a debate on March 4, 2020.
Faruk approached the appellant court to set aside the judgment on the grounds that he was denied fair hearing.
Justice Nasiru Saminu, said the judgment of the Upper Sharia Court shall be set aside.
Saminu overruled that the convict was not given the privilege to have a legal representation and was a minor when he committed the offence.
“I here by discharge and acquit the convict”
Speaking after the judgment, the Attorney General and Commissioner for Justice Kano State, Barr. Musa Abdullahi-Lawan, said the government will make sure Sharif gets a lawyer for his retrial.
“We are going back to court if the convict can not provide a lawyer for himself, the state will provide him one.
” The Sharia law in Kano has come to stay as well as constitutionally courts created so that people will get what they want for Justice “.