Yahaya Sharif-Aminu, a music studio assistant and musician, who was sentenced to loss of life by hanging in 2020 after being convicted of blasphemy by an Islamic court docket, has appealed the judgment of the Excessive Courtroom.
The Sharia court docket had convicted Sharif-Aminu of creating "a blasphemous statement against Prophet Mohammed in a WhatsApp Group," which is opposite to the Kano State Sharia Penal Code and is an offence which carries the loss of life sentence.
The appellate division of the Excessive Courtroom of Kano State had on January 21, 2021, quashed the loss of life sentence handed on Sharif-Aminu by the Higher Sharia Courtroom.
However the Excessive Courtroom, which cited irregularities within the Sharia Courtroom's earlier trial, ordered that Aminu-Sharif be tried afresh by the identical court docket.
The Excessive Courtroom's judgment was delivered by a panel of two judges, comprising the Chief Decide of Kano State, Nuraddeen Umar, and Nasiru Saminu.
Nonetheless, Sharif-Aminu instituted an enchantment in opposition to the judgment of the Excessive Courtroom as he argued that the Excessive Courtroom was flawed to have ordered a retrial.
In response to him, the court docket must have discharged and acquitted him.
He additionally argued that the Excessive Courtroom was flawed in not declaring the Kano State Sharia Penal Code Regulation 2000 inconsistent with the Structure of the Federal Republic of Nigeria.
The enchantment was instituted on his behalf by his attorneys: Kola Alapinni, Rouf Gazali, A. A Muhammad and Ebuka Ikeorah.
It joined the Legal professional Common Of Kano State , Musa Abdullahi Lawan and the Governor of Kano State, Abdullahi Ganduje as respondents.
It reads, "That is an enchantment in opposition to the Judgment of Hon. Justice N.S Umar (Presiding Decide) and Hon. Justice Nasiru Saminu (Decide) in enchantment NO. Okay/37 CA/ 2020 Yahaya Sharif-Aminu V. Legal professional Common of Kano State delivered on the twenty first day of January 2021 whereby his Lordships after entertaining arguments from either side annulled, quashed and nullified the judgment of the shari'a court docket in Hausawa Filin hockey which sentenced the appellant to loss of life after which ordered for a retrial.
"The Appellant was charged with an allegation that he contravened Part 382 (B) of the Sharia Penal Code Regulation of Kano 2000 whereas speaking in a WhatsApp chat with an unknown individual. The mentioned provision reads as follows: Whoever by any means publicly insult by utilizing phrase or expression in writing or verbal by the use of gesture which exhibits or demonstrates any type of contempt or abuse in opposition to the Holy Qur'an or any prophet shall on conviction be liable to loss of life. "Consequently, the Appellant was taken to the Higher Sharia Courtroom whereby he was tried with no authorized illustration in any way as enshrined within the 1999 Structure as amended and the Higher Sharia Courtroom went on to convict the Appellant. "On the decrease court docket i.e. Excessive Courtroom Appellate Division, the 2 justices unanimously discovered that the trial was characterised with procedural irregularities which was in favour of the Appellant however as a substitute of the decrease court docket to discharge and acquit the Appellant, the decrease court docket ordered for a retrial. Dissatisfied with the choice of the appellate division of the Excessive court docket, the Appellant initiated this enchantment, by a Discover of Attraction dated and filed on 25/01/2021 consisting of two (2) grounds. "Points For Dedication: the Appellant respectfully, formulates these points for willpower by the Courtroom: Whether or not the discovered Excessive court docket judges had been proper to order for a retrial as a substitute of an acquittal after quashing, annulling and vacating the place of the Shari'a court docket? "Whether or not or not the choice of the Excessive Courtroom is correct in declaring that the Kano State Sharia Penal Code Regulation 2000 is constitutional. "On whether or not the discovered Excessive court docket choose was proper to order for a retrial as a substitute of an acquittal after quashing, annulling and vacating the place of the Shari'a court docket. My Lords, we state firmly that the Excessive court docket erred in legislation by ordering a retrial as a substitute of an outright order of discharge and acquittal. "It is trite law in Nigeria, that the burden of proof lies on the prosecution in criminal cases to show the court that the defendant did in fact, commit the offence. In the case of Musa v. State (2014) LPELR - 22 912 (CA) the court of appeal held that: where the commission of a crime by a party is in issue, in any proceeding be it civil or criminal, it must be proved beyond a reasonable doubt." "In conclusion Part 1 (1) 1999 Structure of the Federal Republic of Nigeria as amended states: This Structure is supreme and its provisions shall have binding drive on the authorities and individuals all through the Federal Republic of Nigeria. "Whereas Part 3 (3) 1999 Structure of the Federal Republic of Nigeria as amended If every other legislation is inconsistent with the provisions of this Structure, this Structure shall prevail, and that different legislation shall, to the extent of the inconsistency, be void."