An Upper Shari’a Court sitting in Kano has ordered Sheikh Abduljabbar Nasiru-Kabara be taken to Dawanau psychiatric hospital for evaluation of his mental health.
The order was upon a prayer by the led counsel to the Prosecution, Suraj Sa’ida Senior Advocate of Nigeria (SAN).
The defendant, who lives at Gwale Quarters Kano, was arraigned on four-charge of blasphemous statement against the Holy Prophet Muhammmad May the Peace and Blessings of Allah be Upon Him, His Households and Companions.
Justice Watch News recalls that the court had on Aug.18, fixed Sept. 2, for ruling on whether a new charge to be read or not against the defendant.
In his ruling, the Presiding Judge, Malam Ibrahim Sarki-Yola, said the new charge must be read to the defendant to answer his plea according to section 390 (2) of Administration of Criminal Justice Law(ACJL) 2019.
“First Information Report is not a charge.The charge is an allegation of crime.
” section 125(a) ACJL 2019 say in any trial a prosecutor at any time may withdraw or add charges. I therefore terminate the FIR and ordered the new charge be read”
Sarki-Yola ordered that the defendant be taken to Dawanau psychiatric Hospital Kano to ascertain his mental health and ENT doctor at Murtala Muhammad Specialist Hospital Kano to also ascertain his hearing.
Earlier, the prosecution, Suraj Sa’eda, had told the court that the defendant committed the offence
On Aug.10, Oct.25 and Dec.20, 2019.
He alleged that on the same dates at Sani Mainage Filin Mushe Kano, the defendant made a blasphemous comments against Prophet Muhammad (PBUH) in Jauful Fara
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The Defendant refused to answer whether he pleaded guilty or not but chose to remain mute, even when he was insisted to talk but prefer to remain silence
Sa’eda urged the court to order for the evaluation of the defendant mental health since he refused to answer his plea according to section 278(3) of the Administration of Criminal Justice Law 2019.
Responding, Counsel to the defendant, Barrister Saleh Muhammad-Bakaro, opposed reading the new charge to his client.
He prayed the court to provide the copy of records of all the proceedings to enab byle them appeal the ruling at the State High court.
Sarki-Yola adjourned the matter until Sept.16, for continuation of hearing.