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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.
Kano State Governor, Alhaji Abba Kabir Yusuf, has been awarded a prestigious Fellowship by the United States Chartered Institute of Management and Leadership.
According to a statement issued by the Governor’s spokesperson, Sanusi Bature Dawakin Tofa, the Institute also presented Governor Yusuf with an Award of Excellence in recognition of his efforts in human capital development and resource management.
The recognition was conferred by representatives of the Institute’s Governing Council, led by Barr. (Dr.) Steven Longe, during an investiture ceremony at the Abuja Governor’s Lodge.
This event followed shortly after the governor received the National Award from the Nigerian Union of Teachers (NUT) during the World Teachers’ Day celebration.
Dr. Longe explained that the decision to honor Governor Yusuf with the Institute’s highest Fellowship and an Award of Excellence came after extensive research into his effective management of both human and financial resources.
The research highlighted his dedication to promoting good governance in Kano, Nigeria’s most populous state.
“Your leadership has been marked by prudence and transparency,” said Dr. Longe.
“You embody the qualities of an accountable and dedicated leader.
We are proud to associate with politicians who are committed to selfless service to their people.”
In his response, Governor Yusuf expressed his gratitude for the Fellowship and thanked the Institute for recognizing his leadership qualities on an international platform.
“Despite the many challenges we have faced since the beginning of this administration, our commitment to serving the people of Kano remains unwavering.
We will continue to deliver the dividends of democracy to our people,” the governor assured.
Headlines
World Teachers’ Day 2024: NUT Honors Gov.Yusuf for Outstanding Performance in Education Reform
Mukhtar Yahya Usman
The Nigeria Union of Teachers (NUT) has honored Governor Abba Kabir Yusuf of Kano State, with a prestigious award for his exceptional performance in reforming the state’s education sector.
This was contained in a statement issued by the Governor’s Spokesperson, Sanusi Bature Dawakin-Tofa on Saturday.
The award was presented during the celebration of World Teachers’ Day 2024 at Eagle Square, Abuja, in a vibrant event organized in collaboration with the Federal Ministry of Education.
The event brought together teachers from across the 36 states of Nigeria to honor the significant contributions made to the education sector.
Governor Yusuf was recognized with the NUT Golden Award for his transformative efforts in rescuing Kano’s education sector from years of decay and neglect.
In his remarks, NUT National Chairman, Comrade Titus Ambe, noted that only six governors were selected for this honor, based on their unwavering commitment to advancing education, particularly through the support of teachers’ welfare and continuous training.
Specifically, Governor Yusuf’s accomplishments were highlighted, including his administration’s allocation of 29.9% of Kano’s 2024 budget to education and his declaration of a state of emergency in the sector, which has significantly improved both infrastructure and access to quality education in the state.
President Bola Ahmed Tinubu, represented by the Secretary to the Government of the Federation, Senator George Akume, commended the governors for their dedication.
Speaking on behalf of the six awardees, which included the Governors of Borno, Oyo, Benue, Enugu, and Kebbi states, Governor Yusuf reaffirmed his commitment to further investing in education, emphasizing the importance of sustaining progress to ensure future generations thrive.
Nasiru Yusuf Ibrahim
The major opposition political party in Kano, the All Progressives Congress, APC, on Friday instituted a fresh suit against the Kano State Independent Electoral Commission, KANSIEC, before the Federal High Court sitting in Kano.
KANO FOCUS reports that the party is asking the court to stop the Independent National Electoral Commission, INEC, from releasing voter register for the conduct of the council poll.
The plaintiffs, APC and the party Chairman, Abdullahi Abbas, instituted the suit through their counsel, Ismail Abdulaziz.
They also sought an interlocutory application to restrain the state electoral body from continuing with the process and conduct of the council election slated for 26th October, 2024.
Defendants joined in the suit include, the Kano State Attorney General, Kano State Independent Electoral Commission, KANSIEC, Independent National Electoral Commission, INEC, Attorney General of the Federation, AGF, KANSIEC Chairman, Sani Lawan and other members.
Abdulaziz said, “we are asking for the court to interpret some provisions of the constitution, KANSIEC guidelines, the law itself in seeking whether KANSIEC is a revenue generating agency and considering that the N9m and N4m requested to be paid by Chairmanship and Councillorship candidates by KANSIEC were exorbitant.
“We want the court to determine whether KANSIEC will be impartial looking at present members that constituted the commission.
“We are also seeking the court to order INEC not to release election materials such as voter register to KANSIEC until the commission abide by the provision of the constitution.
“We now sought for interlocutory injunction to restrain the continuation of the continuing with process and conduct of the election. The defendants did not receive our processes and the court adjourned till next Friday so that all the parties to file their responses,” Abdulaziz said.
Moving the application before the Presiding Judge, Justice Simon Amobeda, on Friday the court adjourned the matter till 11th October, 2024 and ordered the plaintiffs to serve the defendants.
Meanwhile, in a related matter, the Counsels to Kano State government, Rilwanu Umar SAN and Kano State House of Assembly, Bar. Bashir Yusuf said they have filed a preliminary objections before the Justice Amobeda challenging the jurisdiction of the court to hear matters concerning KANSIEC.
The Counsels said only state high court and state assembly have the powers to entertain any matter that border on regulations of KANSIEC and not federal agency or so.
Kano state government application came in response to motion on notice moved by APC and one Aliyu Aminu Tiga on why the court should not stop the conduct of the election.
Recall one Aminu Aliyu Tiga and the APC had earlier filed an application seeking the court to stop the electoral body from conducting the elections in which Justice Amobeda in interim refused to grant and however noted that the defendants shall be put on notice to show cause why the prayers shall not be granted.
The Court presided by Justice Simon Amobeda however adjourned the matter till 11th October for hearing.
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