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Sharif-Aminu Blasphemy: Appeal Court Postpones Hearing Of Kano Musician’s Case - Crime - Nairaland

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Kano Court Rejects Singer’s Blasphemy Appeal, Says Sharia Law Is Constitutional / Yahaya Sharif-Aminu Appeals Death Sentence Judgment For Blasphemy / Yahaya Aminu Sharif Sentenced To Death For Blasphemy Against Prophet Muhammad (2) (3) (4)

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Sharif-Aminu Blasphemy: Appeal Court Postpones Hearing Of Kano Musician’s Case by Blue3k(m): 12:46am On Feb 11, 2022
The Court of Appeal in Kano has postponed hearing in the case of a 22-year-old Yahaya Sharif-Aminu who was last year freed of death penalty but still grapples with an order for his retrial for blasphemy.

The postponement of the hearing followed the Kano State government’s request on Thursday for more time to file its response to Mr Yahaya-Aminu’s appeal.

The state government had already delayed its response for close to 11 months, having been served with the appellant’s brief of argument around March last year.


Mr Sharif-Aminu’s lawyer, Kola Alapinni, was set to push for the hearing of the case solely on the strength of the appellant’s brief of argument on Thursday.

But a last-minute appearance of the state government’s lawyer, Sani Ahmad, helped the respondents to secure an opportunity to file their brief of argument to counter the appellant’s case.

The Kano State governor and the state’s attorney-general both represented on Thursday by Mr Ahmad, are the two respondents to the appeal.

The three-member panel of the Court of Appeal led by George Mbaba adjourned hearing till May 12 following Mr Ahmad’s request for more time to do the filing.

Road to death row

Mr Aminu-Sharif has been entangled in the legal process after he was arrested and charged with blaspheming the prophet of Islam with his song he circulated via WhatsApp in March 2020.

Prosecutors charged him with contravening Section 382 (B) of the Sharia Penal Code Law of Kano 2000 at a Kano Upper Area Court, a Sharia court.

At the end of the trial which held without Mr Sharif-Aminu having a legal representative, the court, on August 11, 2020, sentenced him to death for the alleged offence of blasphemy.

Dissatisfied with the verdict, Mr Sharif-Aminu’s legal team appealed to the appellate division of the Kano State High Court to overturn the Upper Area Court’s verdict.

Delivering their judgement on January 21, 2021, the two judges who sat over the appeal, unanimously ruled that the trial at the Upper Area Court was characterised by procedural irregularities.

Principal among the irregularities was said to be the conduct of the trial in violation of the defendant’s constitutional right to be defended by a lawyer.


Further appeal

Mr Sharif-Aminu had further appealed to the Court of Appeal praying for an order quashing the High Court’s order for his retrial, and nullifying the Kano State Sharia law under which he was previously charged and sentenced to death.

His lawyers filed two grounds of notice of appeal against the High Court’s judgement in January 2021.

On March 22, 2021, the lawyers filed a brief of argument elaborating on the two grounds earlier raised in their notice of appeal.

His lawyers argue in the brief that the High Court judges erred in law when they overturned the trial court’s decision and at the same time ordered a retrial at the Sharia court.

They maintain that when “the prosecution fails to prove his case beyond reasonable doubt, the defendant is entitled to a discharge and an acquittal” under the Nigerian criminal law.

They contend that under Nigerian laws, a person cannot be prosecuted twice for the same crime for which he has already been convicted.


On the alleged unconstitutionality of the Kano State Sharia law, the team of lawyers argue that the High Court judges’ decision not to declare Sharia law unlawful in Nigeria was wrong.

They urged the Court of Appeal to declare the Kano State Sharia Penal Code Law 2000 null and void as it is “inconsistent with the Constitution of the Federal Republic of Nigeria.”

In their view, the Sharia law only applies to Islamic countries that practice theocracy, not Nigeria, which is a secular state with a constitutional democracy.

They argue that because Sharia rule is unconstitutional in Nigeria, the crime of blasphemy is likewise invalid in the country.


The respondents brief of argument when filed are expected to proffer counter-argument to the appellant’s case.


Source: https://www.premiumtimesng.com/regional/nwest/510827-blasphemy-appeal-court-postpones-hearing-of-kano-musicians-case-against-retrial.html

1 Like

Re: Sharif-Aminu Blasphemy: Appeal Court Postpones Hearing Of Kano Musician’s Case by Blue3k(m): 12:49am On Feb 11, 2022
The courts are too lenient with government prosecutors. There's no reason they should be given extension when they had 11 months to submit an arguement. The judge should dismiss the case with prejudice since they're not serious. I do think it's great the kano case is slowly progressing to the Supreme Court. Hopefully Kano loses so blasphemy will ruled unconstitutional. The government has no business forcing people to believe in some guys fairy tales.

“The constitutional principle of separation between government and religion enshrined at section 10 and 38 of the Constitution prohibits government from adopting religion or making laws restricting religious freedoms and prohibits government from making laws to advance or promote any religious interest,” Mr Alapinni added.

Citing section 1(3) of the Nigerian constitution, Mr Alapinni added, “The Penal Sharia Code Law 2000 of Kano State, or any other Penal Sharia Code Law in Nigeria, is incompatible with sections 10 and 38 of the Federal Republic of Nigeria Constitution”.

1 Like

Re: Sharif-Aminu Blasphemy: Appeal Court Postpones Hearing Of Kano Musician’s Case by blowjob: 4:00am On Feb 11, 2022
EVEN SAUDI ARABIA, SELF TIRE FOR THOSE RAMS UP NORTH HISBALA grin grin

11 Likes

Re: Sharif-Aminu Blasphemy: Appeal Court Postpones Hearing Of Kano Musician’s Case by Karlovych: 4:01am On Feb 11, 2022
embarassed Backward nation, from Lai Moh'd to the owner of Afonjerland that makes one swear an Allaho Wakbar oath before you can comment on some topics. This can only happen in shithole countries

3 Likes

Re: Sharif-Aminu Blasphemy: Appeal Court Postpones Hearing Of Kano Musician’s Case by Blue3k(m): 4:41am On Feb 11, 2022
Principal among the irregularities was said to be the conduct of the trial in violation of the defendant’s constitutional right to be defended by a lawyer.

Just look at the kangaroo court these kano clowns are trying to run. They're only tough when the accused doesn't get lawyer now they're delaying. Its the same way they playroom they're used with Mubarak Bala. Who knows how often these tactics are used without being reported since weaker men just plead guilty. If the government honestly cared about corruption and protecting rights there's alot investigating to do in Kano.

1 Like

Re: Sharif-Aminu Blasphemy: Appeal Court Postpones Hearing Of Kano Musician’s Case by GraphicsMaster1: 2:25pm On Feb 11, 2022
sad They should free this man na. Which kain thing be dis sef?

It's obvious kano state prosecutors don't have a just reason. sad



[s]
FERNANDEZISBACK:
According to Karl Marx "Religion is the sigh of the oppressed creature.. the heart of a heartless world and the soul of soulless conditions. It is the opium of the people."
Christians.. Muslims and the rest y'all are bunch of brainwashed beings..can't you folks think out of the box and stop believing in a fictional book meant to cage people..
Stop believing in a fictional being or place you go after death.. religion is causing more and more damage to the world.. undecided
[/s]

Oga you dey mention religion everyday pass we wey get the religion sef.

Who dey who dey sponsor you?
Re: Sharif-Aminu Blasphemy: Appeal Court Postpones Hearing Of Kano Musician’s Case by FERNANDEZISBACK: 2:26pm On Feb 11, 2022
According to Karl Marx "Religion is the sigh of the oppressed creature.. the heart of a heartless world and the soul of soulless conditions. It is the opium of the people."
Christians.. Muslims and the rest y'all are bunch of brainwashed beings..can't you folks think out of the box and stop believing in a fictional book meant to cage people..
Stop believing in a fictional being or place you go after death.. religion is causing more and more damage to the world.. undecided

1 Like 1 Share

Re: Sharif-Aminu Blasphemy: Appeal Court Postpones Hearing Of Kano Musician’s Case by Dollyak(f): 2:27pm On Feb 11, 2022
This is interesting. Essentially, they are challenging the validity of sharia law within Nigerian constitution something of which could set a precedent to future case.

The question is if the Northen elite would allow this, as it could severely neutralise sharia law in Nigeria.

3 Likes

Re: Sharif-Aminu Blasphemy: Appeal Court Postpones Hearing Of Kano Musician’s Case by Fasindo: 2:27pm On Feb 11, 2022
shocked



Allahu Akbar


We were told that Allah is all merciful and all forgiven but yet why can't he forgive a simple a musician who is singing just to put food on his table.

Maybe he he forgives only suicide bombers the major reason he promised them 72 virgins in paradise

2 Likes

Re: Sharif-Aminu Blasphemy: Appeal Court Postpones Hearing Of Kano Musician’s Case by Dasje: 2:28pm On Feb 11, 2022

Re: Sharif-Aminu Blasphemy: Appeal Court Postpones Hearing Of Kano Musician’s Case by blockedu: 2:29pm On Feb 11, 2022
Na wa oo
Re: Sharif-Aminu Blasphemy: Appeal Court Postpones Hearing Of Kano Musician’s Case by baralatie(m): 2:29pm On Feb 11, 2022
Blue3k:
The courts are too lenient with government prosecutors. There's no reason they should be given extension when they had 11 months to submit an arguement. The judge should dismiss the case with prejudice since they're not serious. I do think it's great the kano case is slowly progressing to the Supreme Court. Hopefully Kano loses so blasphemy will ruled unconstitutional. The government has no business forcing people to believe in some guys fairy tales.





Re: Sharif-Aminu Blasphemy: Appeal Court Postpones Hearing Of Kano Musician’s Case by baralatie(m): 2:30pm On Feb 11, 2022
GraphicsMaster1:
The Kano State governor and the state’s attorney-general both represented on Thursday by Mr Ahmad, are the two respondents to the appeal?
Re: Sharif-Aminu Blasphemy: Appeal Court Postpones Hearing Of Kano Musician’s Case by ucheemmadu18(m): 2:30pm On Feb 11, 2022
SMH... Republic of Nigeristan.
How did this even get to the court at the first place.
Re: Sharif-Aminu Blasphemy: Appeal Court Postpones Hearing Of Kano Musician’s Case by NigeriaZoo: 2:30pm On Feb 11, 2022
So Mohammed and Allah cannot fight for themselves. They need African muslim slaves to do their bidding ? What a waste of space.

Northern Nigeria will contiue to remain backward until they come out of this DEATH CULT.

2 Likes

Re: Sharif-Aminu Blasphemy: Appeal Court Postpones Hearing Of Kano Musician’s Case by GOTVee: 2:30pm On Feb 11, 2022
sad Even though I'm a born again Christian, I support the Kano government. Blasphemy is a serious crime that must be condemned by all especially we Christians living in the north sad
Re: Sharif-Aminu Blasphemy: Appeal Court Postpones Hearing Of Kano Musician’s Case by baralatie(m): 2:31pm On Feb 11, 2022
Blue3k:


Just look at the kangaroo court these kano clowns are trying to run. They're only tough when the accused doesn't get lawyer now they're delaying. Its the same way they playroom they're used with Mubarak Bala. Who knows how often these tactics are used without being reported since weaker men just plead guilty. If the government honestly cared about corruption and protecting rights there's alot investigating to do in Kano.
Re: Sharif-Aminu Blasphemy: Appeal Court Postpones Hearing Of Kano Musician’s Case by Borrah: 2:31pm On Feb 11, 2022
Karlovych:
embarassed Backward nation, from Lai Moh'd to the owner of Afonjerland that makes one swear an Allaho Wakbar oath before you can comment on some topics. This can only happen in shithole countries

1 Like 1 Share

Re: Sharif-Aminu Blasphemy: Appeal Court Postpones Hearing Of Kano Musician’s Case by 1Sharon(f): 2:32pm On Feb 11, 2022
Religion of peace they say

Re: Sharif-Aminu Blasphemy: Appeal Court Postpones Hearing Of Kano Musician’s Case by baralatie(m): 2:32pm On Feb 11, 2022
So Kano state government legal team is running miscarriage of justice?
11 months ooo to respond and yet refusal to respond

And yet the appeal court still postpone?

1 Like 1 Share

Re: Sharif-Aminu Blasphemy: Appeal Court Postpones Hearing Of Kano Musician’s Case by Zoazii: 2:34pm On Feb 11, 2022
Na dem
Re: Sharif-Aminu Blasphemy: Appeal Court Postpones Hearing Of Kano Musician’s Case by SeriouslySense(m): 2:34pm On Feb 11, 2022
I support no such thing, everyone can speak out and say as they want, but they should be encouraged to speak responsibly, we are not a religious society, religion is personal.

GOTVee:
sad Even though I'm a born again Christian, I support the Kano government.[s] Blasphemy is a serious crime that must be condemned by all especially we Christians living in the north[/s] sad

1 Like

Re: Sharif-Aminu Blasphemy: Appeal Court Postpones Hearing Of Kano Musician’s Case by Russoan: 2:35pm On Feb 11, 2022
[s]
GOTVee:
sad Even though I'm a born again Christian, I support the Kano government. Blasphemy is a serious crime that must be condemned by all especially we Christians living in the north sad
[/s]

4 Likes 1 Share

Re: Sharif-Aminu Blasphemy: Appeal Court Postpones Hearing Of Kano Musician’s Case by TheABOMINATION: 2:36pm On Feb 11, 2022
In the north blasphemy is a capital crime. Just watch how they will sentence this man to be stoned to death. State enforcing religious law is the height of backwardness.
Re: Sharif-Aminu Blasphemy: Appeal Court Postpones Hearing Of Kano Musician’s Case by BobbieZion(m): 2:37pm On Feb 11, 2022
Shari'a..The manual for oppression, honor killings,Jihad, segregation and exploitation.
Re: Sharif-Aminu Blasphemy: Appeal Court Postpones Hearing Of Kano Musician’s Case by Farid24224(m): 2:39pm On Feb 11, 2022
Truthfully!!! Am a Muslim but I think it's about time to abolish the blasphemy sentence bec I think it's more of an ancient thing...If he truly insult the Prophet SAW, he should be left for God's wrath.

3 Likes

Re: Sharif-Aminu Blasphemy: Appeal Court Postpones Hearing Of Kano Musician’s Case by Oem18(m): 2:39pm On Feb 11, 2022
Del

2 Likes

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