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Blasphemy: Court orders retrial of Aminu Sharif sentenced to death

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Yahaya Aminu Sharif
Yahaya Sharif Aminu

 

 

Nasiru Yusuf

The Kano State High Court (Appeal Division) has) on Thursday quashed the conviction of one Yahaya Aminu Shariff, who was earlier in August last year sentenced to death by the Upper Sharia Court Filin Hockey presided over by Aliyu Muhammad Kani.

The court presided over by Justice Nura Sagir Umar, the Chief Judge of Kano State, ordered in its judgment read by Justice Nasiru Saminu, that Mr Shariff be tried afresh by another Upper Sharia Court.

He stated, “On Yahaya Aminu Sharif, the court set aside the trial for some procedural irregularities.

“But the case has been remitted back to the sharia court for a retrial”.

Justice Saminu also said the defendant must be provided with legal representation during the retrial.

He said it is mandatory where anyone is standing trial for a capital offence that may result in death penalty, such a defendant is entitled to a legal representation.

Justice Saminu relied on section 269 (3) and (4) of the Kano State Administration of Criminal Justice Law, ACJL, which says any person standing trial in capital offence shall be entitled to legal representation, which must under any circumstances be provided even if it entails the court appointing a lawyer for the defendant, what is known as ‘Dock Brief’.

It may be recalled that on August 10, 2020, the Upper Sharia Court Hausawa Filin Hockey convicted and sentenced Mr. Sharif under section 382B of the Kano State Sharia Penal Code (2000) for insulting Prophet Muhammad (pbuh) in a voice note he shared to a WhatsApp group called Gidan Umma Amina.

Similarly, the court also discharged and acquitted another blasphemer, Umar Faruk Bashir who was sentenced to 10 years imprisonment.

The court set aside the sentence passed on Mr Bashir and declared the entire Upper Sharia Court’s judgment a nullity as the said Umar Faruk is a minor whose admission of guilt is inadmissible in law.

It could be recalled that the duo of Yahaya Sharrif Aminu and Umar Farouq Bashir were said to have sometimes early last year committed blasphemy against the Holy Prophet Muhammad (PBUH) and making derogatory statement against Almighty Allah respectively.

The defendant through one Kola Alapinni appealed against the death sentence and 10 years imprisonment at the Kano State High Court (Appeal Division).

Reacting to the Thursday’s judgment, Mr Alapinni described the judgment as bitter and sweet.

He said, “Today, we have a bitter-sweet judgments as Umar Farouq has been set free completely because he was a minor that was sentenced to 10 years imprisonment.

“On the issue of Yahaya Aminu Sharrif which was a death sentence and that really shocked the whole of the country and international community. It also made us a laughing stock before the international community where someone will say something which was regarded as being disrespectful in a religion and he will be sentenced to death.

“He was sentenced to death without legal representation. It is unacceptable. And the court found in our favour that there were procedural irregularities. We were hoping that the court will set him free but unfortunately that didn’t happen and the matter has now been remitted back to the Shari’a court and it will be heard by another judge. And will be with proper guidance and legal direction. We will defend this robustly even up to the Supreme Court.”

On the constitutionality of the Shari’a penal code, he said, “we will go back and study the judgment and decide if we want to go to the court of appeal and Supreme Court thereafter. We want to know if the Shari’a penal code is in conflict with the Section 10 of the Nigerian Constitution which says the Federal or state government must not be seen to be promoting any religion. That is what Kano State is doing.”

On his part, the State Attorney General and Commissioner of Justice, Musa A. Lawal said on one hand the judgment was a victory for the people of Kano especially that the court reaffirmed that the Shari’a penal code law has come to stay in the state.

“Constitutionally, the courts are created so that people can go there to get justice. The court today, reaffirmed that the Shari’a penal code law in Kano state is here to stay because in the appeal, the appellant clearly claimed that the law is contrary to the constitution of the Federal Republic of Nigeria and the court says no that the Shari’a penal code is a law that is here to stay in the state. So of course, this is a victory for the people of Kano state on one side.

“On the second part, if you look at the second case which was a minor, what the court says is that he is a minor and so cannot be tried as he has not attained the age or incurring liability. That is the reason why he was discharged and acquitted not because the Shari’a penal code law was unconstitutional or for any other reason.

“To buttress that fact, the second case was ordered for retrial under the said law. And the only reason given there was based on the constitutional provision especially when you are charging someone with a capital offence you need to get him a lawyer. There was no legal representation on his part. So if you look at the two cases it is a victory for the people of Kano state and victory for the Shari’a penal code,” Mr Lawan stated.

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Kano Governor-elect pledges to reintroduce Kwankwasiyya free education, healthcare schemes

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Aminu Abdullahi

The Kano State Governor-elect, Engr. Abba Kabir Yusuf, has reaffirmed his government’s readiness to fix quickly the problems with the provision of potable water, basic education and good healthcare which are fundamental duties of a responsive government.

KANO FOCUS reports that the Spokesperson to the Governor-elect, Sanusi Bature Dawakin-Tofa revealed this in a statement issued on Friday.

Dawakintofa said, “despite huge tax payers’ money the outgoing administration claimed to have committed to the provision of basic water, Kano households strive in the twenty-first century to access safe drinking water in the State endowed with functional dams and resources to provide basic amenities.”

In his acceptance speech, the Governor-elect reassured Kano people that beyond fixing basic water supply, the incoming government will uphold the Kwankwasiyya philosophy with a wider scope of free education at primary and secondary levels involving provision of school uniform, learning materials, meals, conducive environment, paying SSCE fees for the students, training and motivation for the teachers to impart good quality education.

The incoming administration, which he said will be an off-shot of Kwankwaso administration, will be committed to free maternal and child healthcare programmes just as plans are underway for the upgrading of local health facilities across the 44 Local Government Areas of Kano State.

To bridge the human capital gap in the various public institutions, Engr. Abba administration will rebirth Kwankwasiyya scholarship scheme for tertiary education and terminal degrees in special areas such as medicine, science and engineering in foreign countries.

It is a resolution that the incoming government will complete abandoned projects and continue with laudable populist policies of Kwankwasiyya administrations just as youth empowerment and enabling environment for MSMES and entrepreneurship to flourish will be provided as enshrined in the Campaign Blueprint.

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TMG, CISLAC, CSOs dismiss report calling for review of Kano Governorship Election

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Aminu Abdullahi

 

 

 

The Transition Monitoring Group, TMG, Civil Society Legislative Advocacy Center, CISLAC and the Kano Civil Society Elections Situation Room have distanced themselves from call seeking for the review of the Kano Gubernatorial Election.

KANO FOCUS reports that Auwal Musa Rafsanjani, Chairman TMG on Saturday told journalists at a news conference in Kano the group which identified itself as Accredited INEC Elections Observers are “fake, faceless and politically sponsored”.

Rafsanjani who was flanked by the Convener, Kano Civil Society Elections Situation Room, Ambassador Ibrahim Waiya lamented that the spread of the fictitious and malicious group at a time when Nigeria is having it’s political space heated up is not only worrisome, but also has the potential to further over heat the polity.

Mr. Rafsanjani, warned that “as genuine Transition Monitoring Group and Civil Society Groups are left without options but to take necessary legal actions against these faceless Group using their names to championed a Criminal minded, Politically Motivated and sponsored missions.”

Rafsanjani, warned that, “as Champions of Democracy, we will not allow smear-campaigners and people with politically motivated reasons drag credible Civil Society Organizations in Kano State and indeed in Nigeria at large into political wars with political parties”.

The CISLAC boss said “TMG, CISLAC and the Kano Civil Society Forum have done incredible Work towards electoral reforms in Nigeria, since 1998, TMG has Championed the Democratic path in Nigeria as the foremost elections Observation group with the widest membership across the Nation”.

He noted, “we will never interfere with the conduct of elections or seek to interfere with the Judicial processes leading up to a Redress of grievances resulting from the elections”.

For that the TMG called on public to disregard in totality the reports making round and using the names of credible organizations and called for the review of Governorship Elections in Kano.

Ambassador Ibrahim Waiya

Also in his speech, the Convener, Kano Civil Society Elections Situation Room, Ambassador Ibrahim Waiya, urged the Media to filter credible Civil Society Groups from faceless, politically motivated sponsored groups who hide under the names of credible organizations to concoct fake stories that suits their narratives.

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Nigeria recorded 3.9m cyberattacks before, during, after governorship elections

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Mukhtar Yahaya Usman

The Minister of Communications and Digital Economy, Professor Isa Ali Ibrahim aww Pantami has drawn the attention of the digital economy stakeholders and the general public to the ministry’s activities before, during, and after the 2023 gubernatorial and states’ houses of assembly elections.

KANO FOCUS reports that Pantami said the committee, which he inaugurated to monitor Nigeria’s cyberspace, recorded a total of 3,834,244 attacks, originating from both within and outside Nigeria, before, during and after the gubernatorial and State Houses of Assembly elections across the country.

According to a statement released yesterday by the Ministry of Communications and Digital Economy and signed by the Senior Technical Assistant (Research and Development) to the Minister, Dr. Femi Adelusi, the daily breakdown of the attacks showed that on Friday 17th March, 2023, there were 1,046,896 cyberattacks; On Saturday 18th March, 2023, there were 1,481,847 Cyberattacks; On Sunday 19th March, 2023, there were 327,718 Cyberattacks and on Monday 20th March, 2023, there were 977,783 Cyberattacks.

The statement further stated that activities on the Nigerian cyberspace during the Gubernatorial and State Assembly elections, we’re much lower than those during the Presidential and National Assembly elections.

“This is neither surprising nor unexpected as, Nigeria being Africa’s largest democracy, the Presidential and National Assembly elections are bound to attract much attention of everyone, including cyberthreat actors than during the Gubernatorial and State Assembly elections.

“The Minister is confident that the implementation of some recommendations as well as measures taken to fortify our cyber defence mechanisms might have helped in this,” the statement further said.

Pantami reiterated that the attainments would not have been possible without the continued support of President Muhammadu Buhari, in particular, and the administration in general, towards ensuring Nigeria’s successful transition into the digital economy.

“The digital economy sector has enjoyed Mr President’s unprecedented support and it is highly appreciated,” Pantami said.

Based on the Minister’s directives, the committee provided close oversight on the activities of the cybersecurity Centres, from Friday 17th March, 2023 to Monday 20th March, 2023.

During this period and as previously reported, a series of hacking attempts were recorded, including Distributed Denial of Service (DDoS), email and Internet Protocol Spoofing (IPS) attacks, SSH Login Attempts, Brute force Injection attempts, Path Traversal, Detection Evasion, and Forceful Browsing, the statement further explained.

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