Blasphemy: Succour for Kano singer as Appeal Court sets aside death penalty ●

Blasphemy: Succour for Kano singer as Appeal Court sets aside death penalty ●

By Fanen Ihyongo, Kano

The Appeal Court on Thursday quashed the death sentence handed on 22-year-old singer Yahaya Aminu-Sharif by the Upper Shari’a Court.

He was charged at the decrease court docket with blasphemy

Presiding judges – Justice Nuradeen Sagir, who doubles as the State Chief Judge, and his co-panelist, Justice Nasiru Saminu – ordered a retrial of the case on the grounds that irregularities marred the proceedings at the decrease court docket.

There was tight safety at the court docket throughout the ruling.

Aminu-Sharif, a Kano-based musician, was sued for “insulting religious creed, contrary to Section 382 (b) of Kano State Shari’a Penal Code Law 2000”.

The Sharia Court, presided over by Khadi Aliyu Muhammad Kani, on August 10, 2020, sentenced Aminu-Sharif to death by hanging, having discovered him responsible of committing blasphemy in opposition to Prophet Muhammad (SAW) in a music which he circulated through WhatsApp in March final 12 months.

Despite the outcry over the judgment, Governor Abdullahi Umar Ganduje endorsed the judgment, saying he would not waste time to signal the singer’s death sentence if he didn’t enchantment in 30 days.

Aminu-Sharif, by means of his counsel, Kola Alapinni, appealed that the appellate court docket ought to set aside the total judgment of the Upper Sharia Court of Kano.

Alapinni contended that the appellant’s trial, conviction and sentencing by the Upper Sharia Court, pursuant to Kano State Penal Code Law 2000, had been unconstitutional, null and void, having grossly violated and conflicted with the Constitution of the Federal Republic of Nigeria 1999, as amended, the African Charter on Human and Peoples Right and Universal Declaration of Human Rights.

The lawyer argued that the offence of blasphemy for which Aminu-Sharif was convicted was now not a cognisable offence in Nigeria by advantage of Section 10, standing alone or in conjunction with sections 38 and 39 of the Constitution.

Alapinni maintained {that a} capital offence searching for to terminate a human life should complies strictly, particularly with the proper to life provisions of the Constitution of Nigeria.

The lawyer averred that the confessional assertion and the plea of the applicant in the decrease court docket was a nullity and legally irrelevant in the absence of a sound legislation criminalising the appellant’s alleged legal conduct.

Justice Nuradeen Sagir discharged the minor, saying the Shari’a verdict in opposition to him was handed in a rush.

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He maintained {that a} penal Sharia Code legislation is barely relevant and permissible in Islamic theocracies or international locations whose constitutions enable such legal guidelines, whereas Nigeria is a multi-religious state with constitutional democracy and the structure being the supreme legislation.

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