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.
Yamadawa community foils armed robbery attack, kill suspect
Yamadawa community foils armed robbery attack, kill suspect
Yamadawa community in Kano metropolis have foiled armed robbery attack in the late hours Thursday which led to the arrest of two suspects.
KANO FOCUS eye witness in the area told journalists that on Thursday around 11 pm two armed robbery suspects have attacked a resident in front of his house at Yamadawa Quarters, Gwale local government area, Kano State and attempted to snatch his Toyota Corolla Motor Vehicle.
He said upon alighting from the car, the victim used car door and knocked down one of the armed robbery suspects and took to his heels shouting at the top of his voice, which attracted the attention of members of the community.
According to the eyewitness on realizing their plan had failed, the armed robbers started shooting sprodically and snatched tricycle in an attempt to escape.
He added that the residents overpowered them and beat them handed them over to the police.
The police spokesperson in Kano Abdullahi Kiyawa confirmed the incident in a statement issued on Thursday evening.
Mr Kiyawa revealed around 11 pm on Wednesday, police received a distress call on armed robbery at Yamadawa quarters.
He said on the receipt of the report, teams of policemen mobilized to the area where they arrested the suspects with the help of the community.
The police spokesperson identified the suspects as 24 year old Abdullahi Ismail of Sani Mainagge Quarters and 24 years Abubakar Hussein of Kankara local government area, Katsina state.
“Suspects sustained various injuries on their body and were rushed to Murtala Mohammed Specialist hospital Kano for treatment. Abdullahi Isma’il was confirmed dead by a medical Doctor.
“On preliminary Investigation, the other suspect, Abubakar Hussain confessed that, they attacked the victim with intent to rob him of his Motor Vehicle,” he said.
Mr Kiyawa said the Commissioner of Police, Sama’ila Dikko, has ordered transfer of the case to the Criminal Investigation Department of the Command for discreet investigation.
Kano reviews minimum wage for varsities’ staff
Kano state Executive Council has given approval for the implementation of new minimum wage for academic and non-academic staff of the two state own universities, with a monthly release of N49, 695, 509.26 million.
KANO FOCUS recalled that the state government has earlier reversed minimum wage of civil servants from N18,000 to N30,600 in March.
The state government, however, said that accumulated arrears from the time of the approval of the new salary structure to date would be determined pending improvement of the current financial situation in the state.
The state commissioner for information, Muhammad Garba, announced this on Thursday while briefing newsmen on the outcome of the council meeting, held at Africa House, Government House, Kano.
He said the two institutions, Yusuf Maitama Sule University and Kano University of Science and Technology, Wudil would receive monthly allocation of N24, 560, 479.72 million and N25, 135, 029.54 million respectively for the Consolidated University Academic Staff Salary Structure II (CONUASS II) and Consolidated Tertiary Institutions Salary Structure II (CONTISS II).
Mr Garba said the council has also approved the award of contract for the supply and installation of two 1,500 KVA generating sets at Watari 75mld Water Treatment Plant to address acute water supply shortage to the towns and villages served by the treatment plant.
He said the contract, which is worth N355, 027, 831.20 million was awarded to Messrs Mantrac Nigeria Limited for the treatment plant designed to serve Watari-Kano Pipeline, Watari-Bagwai Pipeline and Watari-Tsanyawa pipeline each with separate pumping outlet.
The commissioner also disclosed that approval has been given by the council for the release of 11 resident doctors to pursue Residency Training Programme in different fields of specialization at various teaching hospitals in the state.
Mr Garba stated that the medical doctors were on permanent and pensionable appointment under the state Hospitals Management Board and were able to secure admissions with either Muhammad Abdullahi Wase Specialist Hospital or Aminu Kano Teaching Hospital for the residency programme.
He said the training programme was to enable the medical officers graduate as consultants in their various fields of specialization under the state government sponsorship of the bonding policy that also stipulates the payment of monthly salary and annual project/book allowance of N372, 000.00 for the duration of the programme.
The council, the commissioner said, has also approved the creation of an additional department at the state Contributory Healthcare Management Board to handle the processing of claims for fee from facilities without using health maintenance organization.
He said the measure saves the agency substantial amount of resources and to equally comply with Basic Healthcare Provision Fund and the National Health Act which prohibits the engagement of third-party administrator to handle the claim processing.
NCC, NigComSat signs MoU on deployment of 5G
The Nigerian Communications Commission, NCC and Nigerian Communications Satellite limited NigComSat have signed a memorandum of understanding on the deployment of Fifth Generation (5G) Technology in the telecommunications industry.
KANO FOCUS reports that the MoU between the two agencies under the Ministry of Communications and Digital Economy would lay the foundations for acquisition of Frequency Spectrum suitable for the deployment of the technology in the country.
Speaking at the occasion the Executive Vice Chairman of the Nigerian Communications Commission, NCC, Umar Garba Danbatta, reiterated the Federal Government’s commitment for deployment of Fifth Generation (5G) Technology in the telecommunications industry.
Danbatta allayed fears and concerns on health and security implications over deployment of 5G, asserting Nigeria cannot afford to be left behind.
According to him the resources and revenues to be earned from the deployment are so huge they cannot be ignored.
Danbatta said the NigComSat, it was discovered after investigation across the globe, had the appropriate technology to facilitate the deployment.
Danbatta said: “Amongst the Frequency Spectrum bands allocated to 5G by the International Telecommunications Union (ITU, the C-band (3.4GHz – 3.9GHz) stands out because its balancing point between coverage and capacity provides the perfect environment for 5G connectivity.
“The C-band is most suitable and appropriate for immediate deployment of 5G services taking into consideration availability of device ecosystem with 60-70% of global commercial 5G network deployment currently in the band, thus the importance of this Spectrum for early deployment of 5G services in Nigeria cannot be over emphasized.
“For optimal 5G service performance, an average of contiguous 100 MHz of spectrum in the C-band is required by an Operator. However in Nigeria, only 120 MHz of the band (3.4 – 3.52) GHz is available for mobile services while the remaining 680 MHz (3.52 – 4.2) GHz of the band is used by NigComSat (NG-1R) satellites.
“The Commission initiated negotiation with NIGCOMSAT whom in our estimate could make some adjustment to its satellite operation and release part of its Spectrum holding in the band to facilitate the deployment of 5G in Nigeria.
“The two agencies have been in discussions on how to relocate the operations of NG-1R to the standard C-band 300MHz (3.9GHz – 4.2GHz) potion of the band, which is more suitable in terms of Satellite service offering because end user terminal are cheaper there, while leaving the non-standard C-band 400MHz (3.5GHz – 3.9GHz) portion of the band for 5G use.
“The cost of relocating the NG-1R is expected to be offset from the proceeds of the auction of the 5G Spectrum.
Managing Director of NigComSat, Abimbola Alale, lauded the committees set by the two agencies for doing a thorough job in the larger interest of the country.
She said the MoU would change the narratives of digital and telecommunications industry in the country.
Chairman of the NCC board, Adeolu Akande the time has come for the country to key into adoption and deployment of 5G technology.
“In recent times, precisely from the last quarter of 2019, several administrations have begun to license Spectrum for commercial deployment of 5G.
” As we speak today, 5G services have already been deployed in United States of America, South Korea, United Kingdom, China, South Africa, Kenya and many more”, Akande said.
According to him, telecommunication evolution has led to improvement in user experience witnessed from 2G, 3G and later 4G.
NCC to Balance Competition with Disruptive Technologies for Sustainable Telecoms Growth
Kungiyar Vigilante ta zargi rundunar ‘yan sandan Kano da bata mata suna
Shan shayi na kare mutum daga cutar hanta-Masana
Kani ya kashe wansa a Kano
Yamadawa community foils armed robbery attack, kill suspect
Gwamnatin Kano ta bada umarnin rufe gidajen Abinci da na Biredi
Kasuwancin Cryptocurrency Haramun ne- Bn Usman
Yin sahur da ‘codeine’ na rage mana wahalar azumi- matasa a Kano
‘Yan sanda a Kano sun kama makocin da ya jagoranci yiwa makocinsa fashi
Ahmed Musa signs short deal with Kano Pillars
There are no upcoming events at this time.