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Blasphemy: Court orders retrial of Aminu Sharif sentenced to death
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.
Headlines
“As You Sow, So Shall You Reap”: Imam Reminds Muslims of Divine Justice
Nasiru Yusuf Ibrahim
Imam Nura Garba Mato has urged Muslims to remain conscious of their actions, saying that divine reward and punishment often correspond to the nature of people’s deeds.
KANO FOCUS reports that the imam made the call while delivering a Friday sermon at Jami’u Ansar wal Muhajirun Jumaa Mosque, Cotton Ginnery Layout, Zawaciki, Kano State.
The sermon, titled “Al-Jazā’u Min Jinsil-‘Amal” (Recompense Is According to the Nature of Deeds), focused on the Islamic teaching that people’s actions have consequences and that good deeds attract divine reward.
Imam Mato said Allah had established enduring principles in human life that do not change, urging Muslims to understand these principles and allow them to guide their conduct.
He explained that one of these principles was that recompense corresponds to the nature of one’s actions, stressing the importance of living righteously and fulfilling one’s responsibilities to Allah and fellow human beings.
The imam called on Muslims to observe *taqwa* (consciousness of Allah), remain steadfast in their faith and follow the teachings and traditions of Prophet Muhammad (peace be upon him).
He also highlighted the importance of helping people in difficulty, easing the burdens of others and showing compassion to fellow Muslims.
Quoting a prophetic tradition, the imam emphasised that whoever relieves a Muslim of a hardship in this world will receive relief from Allah on the Day of Resurrection.
He further explained that whoever conceals the faults of a fellow Muslim would receive Allah’s concealment of their faults on the Day of Resurrection, while those who make things easier for people in difficulty would receive Allah’s assistance in this world and the Hereafter.
The sermon also underscored the importance of supporting others, noting that a Muslim’s relationship with Allah should be reflected in their treatment of fellow human beings.
Imam Mato urged Muslims to reflect on their deeds and recognise that their conduct carries consequences, encouraging them to embrace good actions, assist those in need and uphold the teachings of Islam in their daily lives.
He stressed that Muslims should make righteousness, compassion and service to others central to their lives in pursuit of Allah’s pleasure and success in the Hereafter.
Headlines
Kano Govt Orders Retired Civil Servants to Vacate Offices, Hand Over Government Property
Nasiru Yusuf Ibrahim
The Kano State Government has directed all civil servants who have attained their statutory retirement age or completed the required length of service to immediately vacate their offices and hand over government property in their possession.
KANO FOCUS reports that the directive was contained in Circular issued on Tuesday by the Establishment Directorate, Office of the Head of Civil Service, Kano State.
The circular, signed by the Permanent Secretary, Establishment, Abba A. Danguguwa, on behalf of the Head of Civil Service, was titled: “Unauthorized Continuance in Service After Statutory Retirement by Civil Servants in Ministries, Departments and Agencies (MDAs) of Government – Call for Immediate Handing Over of Official Documents, Properties.”
The government said it had observed that some civil servants continued to remain in office and operate in official capacities after reaching their statutory retirement period.
According to the circular, such conduct was a “negation to the reputation of the Civil Service of Kano State,” noting that the service had a long-standing tradition of ensuring seamless transition by retiring civil servants.
It described the continued stay in service after retirement as a direct infraction and aberration of relevant provisions of the State Civil Service Rules and other applicable service regulations.
The government stressed that it was legally and administratively untenable for any officer to remain in service or perform official functions beyond the statutory limit.
Consequently, all civil servants who had retired either by age or length of service were directed to immediately exit and hand over all official documents, government property and duties to their immediate subordinates in their respective ministries, departments and agencies.
The circular also directed all Accounting Officers, including Permanent Secretaries and Chief Executives, as well as Directors of Administration and Personnel Management, to ensure strict and immediate compliance with the directive.
It warned that any officer found aiding, abetting or condoning the continued stay of a retired officer in service would face appropriate disciplinary action in accordance with the Civil Service Rules.
The directive takes immediate effect, the circular stated.
Headlines
Kano Settles N32bn Pension, Gratuity Liabilities, Says Gov Yusuf
Nasiru Yusuf Ibrahim
Kano State Governor Abba Kabir Yusuf says his administration has settled approximately N32 billion out of the N48 billion inherited backlog of gratuities and related liabilities owed to retirees in the state.
KANO FOCUS reports that Gov Yusuf disclosed this on Thursday while addressing residents at the 66th Independence Anniversary celebration held at the Sani Abacha Indoor Stadium in Kano.
The governor said the government had also sustained the regular payment of monthly pensions while increasing the minimum monthly pension from N5,000 to N20,000.
He said the welfare of workers and pensioners remained a priority of his administration, citing timely payment of salaries, improved remuneration and measures aimed at strengthening the public service.
According to him, the state has maintained the practice of paying workers’ salaries on or before the 25th of every month while implementing the N71,000 minimum wage for civil servants.
Gov Yusuf also said his administration was sponsoring public servants for professional training, including programmes at the Administrative Staff College of Nigeria (ASCON), to strengthen their administrative and leadership capacity.
He reaffirmed the government’s commitment to building a professional and motivated workforce, while ensuring that the contributions and sacrifices of serving workers and retirees were recognised and treated with dignity.
