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Nigeria: Blasphemy: Kano Judiciary submits Sharia Court judgement to Falana

New developments in the case of young singer Yahaya Shariff Aminu

Friday 4 September 2020, by siawi3

Source: https://www.icirnigeria.org/blasphemy-kano-judiciary-submits-sharia-court-judgement-to-falana/#.X1DV9mD2VDw.facebook

Blasphemy: Kano Judiciary submits Sharia Court judgement to Falana

By Lukman ABOLADE

On Sep 3, 2020

Photo: Femi Falana (SAN)

THE Kano State Judiciary says copies of the Sharia Court judgement that sentenced Yahaya Shariff Aminu, the Kano-based singer to death over blasphemy has been submitted to Femi Falana, a Senior Advocate of Nigeria (SAN) and human rights lawyer.

The News Agency of Nigeria (NAN) reports that the certified copies of the judgement were submitted to Falana on Wednesday.

Babajibo Ibrahim, the spokesperson of the Kano Judiciary disclosed that the human rights Lawyer had requested for the copies of the judgement on Tuesday.

According to Ibrahim, Falana requested for the copies of the judgement to enable him to appeal the judgement.

Following the request, Ibrahim said the copies of the judgement were made available to his representative on Wednesday in Kano.

“The judiciary received a request from Mr Femi Falana’s representative on Tuesday and certified copies of the judgment were made available to him on Wednesday,’’ Ibrahim said.

The Nigeria Bar Association (NBA) had also offered free legal representation for Shariff according to John Aikpokpo-Martins, first Vice President of the association during a fact-finding mission to Kano.

The Amnesty International, an international Civil Society Organisation had lamented that the Upper Shariah Court in Kano that sentenced Shariff to death has refused to provide lawyers with a copy of the judgement.

“In an attempt to deny Yahaya Shariff Aminu his right to appeal, the Upper Shari’ah Court in Kano has so far not provided lawyers with a copy of the judgement. This is a gross violation of his rights,” Amnesty International said.

“There are seven days left for Yahaya Sharif Aminu to appeal the court judgement of his death sentence and court officials are allegedly denying him access to his lawyers. Prisoners have the right to legal representation.”
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The ICIR had reported that Shariff was sentenced to death by the Upper Shariah Court in Kano State for blasphemy over a song he shared on WhatsApp platform earlier in March 2020.

The Shariah court ruled that the song is blasphemous to Prophet Muhammed thereby sentencing him to death with 30days ultimatum for appeal and approval by the governor of the state, Abdullahi Ganduje.

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Source: https://www.premiumtimesng.com/news/top-news/412310-kano-singer-sentenced-to-death-for-blasphemy-appeals-judgment.html

Kano singer sentenced to death for blasphemy appeals judgment

September 3, 2020

Alfred Olufemi

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Yahaya Sharif-Aminu, the Kano singer sentenced to death for blasphemy, has appealed the judgment that convicted him at the Kano State High Court.

In the notice of appeal filed on Thursday, Mr Sharif-Aminu included the Kano State Governor, Abdullahi Ganduje, and the Attorney General of the state as respondents.

A judgment of Khadi Allyu Muhammad Kani of the Kano Upper Shari’a Court sentenced the musician to death by hanging for blasphemy against Prophet Muhammad on August 10.

The 22-year-old was convicted based on Section 382 (b) of Kano penal code of 2000 after he was accused of committing blasphemy against the prophet in a song he circulated via WhatsApp in March 2020.

Despite the public outcry with rights groups seeking a reversal of the judgment, Mr Ganduje said he would sign the death warrant after all legal options for a reprieve had been explored.

“I will not waste time in signing the warrant for the execution of the man who blasphemed our holy prophet of Islam,” the governor said during a meeting with clerics in Kano.

Appeal

According to a copy of the court document obtained by PREMIUM TIMES, the singer pleaded that the court should set aside the judgement because the law used to convict him was unconstitutional and conflicts with the Nigerian constitution, African Charter on Human and Peoples Rights and the Universal Declaration of Human Rights.

Also, he argued that his confessional statement and plea in the court is legally irrelevant in the absence of a valid law criminalising the alleged conduct.

He added that the Sharia law is only applicable and permissible in Islamic theocracies or countries whose constitution allows for such laws and not in Nigeria- a secular State with constitutional democracy.

“The offence of Blasphemy is no longer a cognisable offence in Nigerian by virtue of Section 10 standing alone or in conjunction with Sections 38 and 39 of the Constitution respectively. A capital offence seeking to terminate human life must comply strictly and especially with the right to life provisions of the Constitution of the Federal Republic of Nigeria,” he stated further.

Mr Sharif-Aminu said his trial was devoid of transparency, not conducted in an open court and there is no record of proceedings indicating any compliance with due process.

He further alleged that the Kano State Government, as a party and prosecutor to the complaint, is a complicit party when it failed to provide adequate security and equal enforcement of secular laws.

“The Kano State Government lacks the constitutional authority to adopt legislative mechanism to exclusively compensate Muslims for its lack of performance in providing good order and security by enacting unconstitutional laws that curtail the right to freedom of expression and freedom of conscience and blasphemy laws essentially censored religious opinions, critical expression of human conscience and thoughts and significantly,” Mr Sharif-Aminu argued.

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Source: https://www.dailynews24.ng/2020/09/03/blasphemy-kano-singer-appeals-death-sentence-judgment/

Blasphemy: Kano Singer appeals death sentence judgment

By admin -

September 3, 2020

Yahaya Sharif-Aminu, a musician sentenced to death for blasphemy against Prophet Muhammad by a Kano Shari’a Court, has appealed the judgment.

Public Relations Officer of Kano Courts, Baba Jibo confirmed the appeal to DailyNews24.

Sharif-Aminu was sentenced to death on August 10, 2020, and was given 30 days by the court to appeal the judgment, meaning that the time would lapse on Wednesday, September 9.

Court sentences man to death by hanging over blasphemy in Kano

In a suit filed on Thursday at the Kano State High Court by his lawyer, Kola Alapinni , Sharif-Aminu said he is dissatisfied with the judgment of the Shari’a Court, BarristerNG reports.

He described the Kano State Penal Law 2000 as unconstitutional, null and void, having grossly violated and conflicted with the constitution of the Federal Republic of Nigeria (1999) as amended and having violated the Human Rights and the Universal Declaration of Human Rights respectively.