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.

“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”.

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.

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.

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?

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.

Karlovych:
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

GOTVee:
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]

GOTVee:
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