Kano State Upper Shari’ah Court Presided over by Ibrahim Sarki Yola has refused bail application by Abduljabbar Sheikh Nasir Kabara who is standing trial on alleged blasphemy against the personality of Noble Prophet Muhammmad Peace be Upon Him, an offence which is punishable with death in Islamic Shari’ah Law.
When the case resumed today, Thursday, for further mention, a lawyer from Bauchi State, Barrister Umar Muhammmad announced his appearance as a new counsel to the Defendant, following the withdrawal of former counsel.
The New Counsel to Abduljabbar prayed the court to supply with him the entire record of proceedings to enable him know the stage of the suit as well as knowing what to do in the next adjourn date.
Barrister Umar, similarly, urged the court to compel prosecution counsel to bring all their witnesses in the next adjourn date for accelerated hearing.
Prayers which were not opposed by lead counsel to the Prosecution, Suraj Sa’ida (SAN).
” Our aim is to ensure that justice is prevail in this case. You are new defense counsel, we will not oppose your prayer to have all records of the proceedings,” Suraj stated.
In his ruling, the trial Judge ordered the registry of the court to furnish defense counsel with record of proceeding, he maintained that the copy of the proceeding is ready for collection.
However, Sarki Yola also said even though, he was ready to commence taking prosecution witness but denied stating his stand on prayer for accelerated hearing by the defense counsel, explaining that the court will pronounce its stance on that on next sitting.
Further more, Lawyer to the Cleric, Barrister Umar prayed the court to grant bail to his client.
” Although, the alleged charges slammed against the defendant are not bailable in nature, but section 171 sub section 2 and 3 (c) of Adminstration of Criminal Justice Law (ACJL) 2019 empowered court to grant bail of alleged capital offence if there is cogent and circumstances grounds, that can warrant court grant the Defendant to bail” the lawyer to Abduljabbar told the court.
The counsel, further argued that, Abduljabbar is a person of well reputable character, and very popular, explaining that he will not jump bail and ready to present reasonable sureties if the court admit him to bail.
The lawyer, similarly told the court that Abduljabbar is a breadwinner to his family, arguing that, living him in detention will further jeopardize the lives of his family.
He prayed the court to so hold.
In his response, The lead Prosecution Counsel Sa’ida SAN, opposed the prayer by Abduljabbar’s counsel arguing that the defense Counsel did not cited any law which affirm that Abduljabbar is a repute person.
” This is a attestation suppose to be stated by a witness, not a lawyer. That Abduljabbar is a popular and repute personality is a statement of fact which requires a cited law.
” The defense counsel did not support his argument with statement of fact or any law,”
The Prosecution urged the court to denied admitting Abduljabbar to bail arguing that his alleged charges are capital in nature with is punishable with death sentence.”
In his ruling, Ibrahim Sarki Yola, upheld that the defense counsel has failed to substantiate where ACJL he quoted said suffering of a family while their breadwinner is in detention is a ground for court admit a person to bail.
Sarki Yola maintained that defense counsel has failed to support his prayer with any law.
The trial Judge added that, admitting Sheikh Kabara to bail will undermine the security situation in Kano considering the antics of his followers as well as other people in Kano.
” The prayer to admit the Defendant to bail by his counsel is hereby rejected for his safety”. Sarki Yola upheld.
He adjourned the case to 14th October, 2021 for the beginning of hearing.