Court of Appeal, Kano Division on Wednesday affirmed the judgment of Kano State High Court, Appellate Division that ordered a retrial of blasphemy case against Kano Singer, who was sentenced to death for commiting derogatory against the Personality of Noble Prophet Muhammad.
Yahaya, a resident of Sharifai in Kano was arrested and arraigned before Upper Shari’a Court for committing blasphemy against Prophet Muhammad in a song he circulated via social media sometimes in 2020.
He was charged under section 382 ( B) of Shari’a Penal Code Law of Kano 2000 and consquently convicted to death by Upper Shari’a Court Filin Hockey in Kano.
Dissatisfaction with the the judgement his counsel Barrister Kola Alapinni approached the Kano State Court asking it to quashed the judgement of the trial court, on the ground that the convict was not represented by a lawyer, which is contrary to the doctrine of fair hearing and natural Justice.
Barrister Allapini also urged the court to quashed the charge against Shareef, alleging that the Sharia Penal Code Law contravened the Constitution of Federal Republic of Nigeria 1999 as amended.
In its judgement delivered on 21 January, 2021 the Kano State High court, Appeal Division presided over Chief Judge, Justice Nura Sagir ordered for a fresh trial of the case with full representation of his counsel.
Against the judgement of the Kano State High Court, Appeal Division, Yahaya Sharif, again, filed an appeal before Appeal Court, Kano Division.
After perusal the submissions and legal arguments of both Appellant and Defendant on Wednesday the Court of Appeal affirmed the decision of the Kano State High Court.
Similarly the Court upheld the Legality of Shari’a Penal Code Law, 2000.
It was also recognised blasphemy as a capital offense punishable with death under Kano State Shari’a Code Law 2000.
Justice Watch News gathered that the three Panel of Justices that passed on the judgement include Justice IG Mbaba, Justice BM Ugo and Justice Abubakar Muaz Lamido.
Justice Watch News similarly gathered that Justice PJ Mbaba dissenting with the majority while Justice BM Ugo and Justice Abubakar Muaz Lamido upheld the judgement of Kano State High Court and consquently ordered for retrial
Kano State Attorney General and Commissioner for Justice, Musa Abdullahi Lawan said the judgement is victory for the entire Kano State citizens saying Appeal Court has fully recognized Kano State Shari’a Penal Code Law, 2000.
