Blasphemy: Court of Appeal Orders Retrial of Kano Singer’s Death Sentence
The Court of Appeal has upheld the judgment of Kano State High Court, which ordered the retrial of Kano Singer, Yahaya Sharrif Aminu, who was sentenced to death for alleged blasphemy.
The verdict was passed by a three-member panel of justices, Justice IG Mbaba, Justice BM Ugo and Justice Abubakar Muaz Lamido.
Yahaya Sharrif, a resident of Sharifai in Kano, was arrested and arraigned before Upper Shari’a Court for allegedly committing derogatory utterances against Prophet Muhammad in a song he circulated through social media in 2020.
The singer was charged under section 382 ( B) of Shari’a Penal Code Law of Kano 2000 and convicted to death by hanging by the Upper Shari’a Court in Kano.
But counsel to the accused, Barrister Kola Alapinni, approached the Kano State Court asking it to quash the judgement of the trial court, on the ground that the convict was not represented by a lawyer, contrary to the doctrine of fair hearing and natural Justice.
Allapini also urged the court to quash the charge, alleging that the Sharia Penal Code Law contravened the Constitution of Federal Republic of Nigeria 1999 as amended.
In its judgement on 21 January, 2021, the Kano State High court, Appeal Division presided over by Chief Judge, Justice Nura Sagir ordered for a fresh trial of the case with full representation of his counsel.
In a judgment delivered on Wednesday, two of the three justices, Abubakar M. Lamido (JCA) and concurred by B. M. Ugo however dismissed the appeal and affirmed the retrial of the singer.
On the legality of the constitutionality of the Kano State Shari’a Law 2020 challenged by the appellant, the trio of Abubakar M. Lamido (JCA), BM Ugo and Ita G. Mbaba agreed on the Constitutionality of the law.
Related: Kano Court Sentences Man to Death by Hanging
Justice BM Ugo and Justice Abubakar Muaz Lamido upheld the judgement of Kano State High Court and consquently ordered for retrial.
Responding to the verdict, Kano Attorney General and Commissioner for Justice, Musa Abdullahi Lawan, said the judgement is victory for Kano citizens, adding that the Appeal Court has fully recognised Kano State Shari’a Penal Code Law 2000.