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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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Anti-corruptions Day: PCACC launches mobile app to fight corruption

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Mukhtar Yahya Usman

Kano State Public Complaints and Anti-corruption Commission, PCACC, has launched a mobile application, developed for receiving information from whistle-blowers.

KANO FOCUS reports that the application, ‘Shawarata’ was launched at the commemoration ceremony of International Anti-corruption Day, held at Coronation Hall, Kano state government house on Saturday.

Speaking at the event, the Chairman of the Commission, Muhuyi Magaji Rimin-Gado, said the application was part of the agency’s resolve to employ technology to check the excesses of corrupt practices in the state.

Rimin-Gado said the event was a strategy to enlighten the public on the dangers of corruption, which according to him, has negatively affected all strata of development in the country.

“Part of our resolve to strengthen the fight against corruption and check the excesses of corrupt practices in the state is the introduction of technology by our agency.

“This is why we have developed a mobile app for receiving opinions, views, and suggestions from members of the public.

“This event is key to the fight against corruption as it enlightens the public about the dangers of corruption. Corruption has affected all strata of development,” he said.

In his presentation, Sadiq Yaya, PCACC’s Head of ICT, said the app is a platform where information could be received from members of the public.

According to him, the platform contains features to upload videos and pictures by a user, adding that it is user-friendly and fast.

He explained that the platform had also provided a feature to keep information providers anonymous by providing options for the anonymity of the user.

Yaya disclosed that the app has recorded 20 downloads so far, urging the general public to download it to provide suggestions, opinions, and other information to the commission.

In his remarks, the state governor, Abba Kabir Yusuf said his administration had zero tolerance for corruption, which is why it had soft far recorded some giant strides.

According to Yusuf, represented by his deputy, Comrade Aminu Abdulsalam, the state government has recorded achievements so far as a result of blocking leakages since the inception of the administration.

He explained that the administration has resumed payment of salaries to civil servants without illegal deductions as it was done by the immediate past government.

He added that public properties illegally acquired by individuals in the immediate past government have been recovered and put to public use, citing Hasiya Bayero Paediatric Hospital.

He said the government had also prioritized the creation of Anti-Corruption units in government agencies.

Governor Yusuf described the Kano anti-graft agency as “one of the best, if not the best in the country”.

 

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How we saved billions of public funds by blocking leakages – Gov Yusuf

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Nasiru Yusuf Ibrahim

The Kano State Government has said that it has blocked leakages and fraudulent siphons of the public treasury, saying in just a few months in office, Governor Abba Kabir Yusuf has saved billions of Naira.

KANO FOCUS reports that the Government alluded that hundreds of leakages had led to the misuse of public funds by those in authority, while institutions, government offices, and the general well-being of the public suffered neglect.

Delivering an address at the commemoration of the 2023 International Anti-Corruption Day, Saturday, hosted by the Kano State Public Complaints and Anti-Corruption Commission (PCACC), the State Governor Alhaji Abba Kabir Yusuf, represented by his Deputy Governor Aminu Abdussalam Gwarzo says the government has zero tolerance for corruption.

The Deputy Governor, who represented Governor Abba Kabir Yusuf at the event, explained that some of the giant strides taken by the state government towards ensuring a better life for the people of the state are evidence of the fact that it does not tolerate corruption.

He explained that the regime has resumed payment of salaries to civil servants without unnecessary deductions introduced by the immediate past regime.

He added that public properties illegally acquired by individuals in the immediate past regime have been recovered and put to public use, giving an example of the Hasiya Bayero Paediatric Hospital.

He said the government has also prioritized the creation of Anti-Corruption units in government agencies while ensuring it pays pensions and gratuities of retirees neglected by the immediate past regime worth N6 billion.

In his opening address, the chairman of the Kano anti-graft agency, Muhyi Magaji Rimingado described the agency as the most vibrant subnational anti-graft agency in the country.

Muhyi Rimin Gado hints that as of today the State Anti Graft office has become a source of inspiration with many other State Governors seeking technical advice on how to create and sustain their own.

He explained that the day is commemorated with the view of mobilizing the public towards fighting corruption.

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Kano guber tussle: Tinubu, APC using judiciary to destabilise the northern commercial center, Arewa coalition

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Aminu Abdullahi

 

 

A pan Arewa movement known as Northern Coalition Youths Movement Initiative (NYMI) has accused President Bola Ahmed Tinubu led administration and the ruling All progressives Congress (APC) of an hidden agenda to destabilize the Northern commercial nerve center in order to weaken the economy of the region.

KANO FOCUS reports that this was disclosed in an elaborate world press conference at Arewa House in Kaduna state on Saturday.

The secretary general of the movement, Comrade Ibrahim Mohammed Inuwa, pointed to series of moves being made by the government to undermine the region using judiciary to subvert the people’s mandate in Kano, Plateau and Zamfara.

He said, in recent times, they have observed with dismay, how the much esteemed judiciary has become the lapdog to the executive arm of government which they said is expected to check as an independent entity.

“Gone are the days when judges dish out logical judgments that are acceptable to the litigants in any disputes. It is however sad that the administration of Pres. Bola Tinubu and APC has resorted to using the judiciary to snatch what it has lost at the ballot.

“Under the APC, the votes of the people no longer count, this is because the Independent National Electoral Commission (INEC) has become an extended part of the ruling party. In a bid to do the bidding of the APC.

“Judiciary has now become the rubber stamp to the massive scale of electoral robbery in the country. Where the INEC fails to award victories to APC candidate, the same courts are the avenue where the victories of the opposition parties are now only arrested but also stolen and given to the APC.

“Nigerians are living witnesses to what is going on in the Court of Appeal with respect to the governorship poll in Kano, Plateau and Zamfara States where the opposition parties have won the state at the ballot box and the attempt by the Federal Government to snatch these states from the winning political parties.

“What is even more embarrassing is the case of Kano where the Court of Appeal is still finding it hard to defend its verdict on the election which many have come to see as very ignoble and horrible. The fact that the verdict is tainted was further shown aa the NNPP try to secure the certified true copy of the judgment revealed the underhand dealings that must have happened with the document revealing contradictory outcomes.
While some paragraphs upheld the election of Gov Abba Kabir Yusuf of the NNPP as duly elected.

“The embarrassment created by the nasty scenario is yet to abate as we address you as the action has further put the judiciary in the negative spot in the minds of right thinking Nigerians who have lost faith in that vital arm of the government.

“The most laughable verdict also is the issue of internal affairs of each political parties which is clearly enshrined in our electoral act and which the supreme court has long settled, yet that is the issue the same judiciary is using to upturn Kano’s mandates which was freely given to NNPP”,

The coalition accused the Tinubu’s government of waging war against leading political lights from the region in a bid to destroy or whittle down their relevance before the poll.

He said the coalition has been monitoring the development for some time, he however urged leaders in the North to live up to their responsibility of protecting the interest of their region.

He added “We wish to draw the attention of the people of the North to an ongoing sinister plot by Pres. Tinubu and the ruling All progressives Congress APC to politically decimate the North and render it impotent ahead of the forthcoming 2027 general election.

“The coalition lamented the fate of the immediate past Governor of Kaduna State, Mallam Nasir el-Rufa’i in the hands of the current government despite the support it gave to President Bola Tinubu during the electioneering campaign.

“One individual whose support and assistance to the emergence of President Bola Ahmed Tinubu is the former Governor of Kaduna State, Mallam Nasir el-Rufa’i who worked on his colleagues in the North to sway victory for President Tinubu.

“What did he get in return? The former governor was rubbished by the government when his nomination was rejected by the Senate during confirmation allegedly on spurious claims of not scaling security screening,” the group wrote.

They also listed those who have been humiliated by the current government include, Senators Danjuma Goje, Abdulazeez Yari.

The statement further reads that “The former Zamfara State Governor was subsequently rubbish by the government when he tried to become the Senate President of the country. He was hounded and cowed to submission by the agents of the government and the state.”

Not done, they added that “Another Northerner who has also been humiliated since coming into being of this governmen

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