A Kano State Division of Court of Appeal has dismissed an appeal filed against High Court judgment that ordered for retrial of blasphemous charges against famous Singer Aminu Shariff Yahaya.
The thee-judge verdict delivered today, affirmed that the Kano State Shariah Penal Code of 2000 does not in anyway contravene Nigeria’s constitution.
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Delivering the judgement virtually, Justice Abubakar Mu’azu Lamido averred that the Constitution of the Federal Republic of Nigeria empowers states through the State Assemblies to make their laws.
He ruled that Nigeria’s constitution recognised that there is freedom of religion but does not allow adoption of a state religion.
Daily Telescope recalled that the convict, who was sentenced to death by a Shariah Court in Kano in August 2020, had earlier asked Kano High Court to quash the judgement passed on him.
The Kano High Court, in November 2020, had quashed the sentence and ordered for retrial of the case at the Shariah Court citing failure to follow proper procedures as the accused had no legal representation in the trial.
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Meanwhile, Yahaya, through his counsel Kola Alapinni, appealed to Court of Appeal for determination of two issues.
The two issues according to court documents are, “whether the learned High Court Judges were right to order for a retrial instead of an acquittal after quashing, annulling and vacating the position of the Sharia Court’.
“Two, whether or not the decision of the High Court is right in declaring that the Kano State Sharia Penal Code Law 2000 is constitutional.
In the three-judge verdict, Justice Lamido and B. M. Ugo gave majority judgement in favour of the respondent which upheld the High Court decision for retrial as against the dissenting judgement by the third judge.
The Kano Shariah Penal Code 2000 had passed a death penalty on the convict for blasphemy specifically targeting the Holy Prophet Muhammad (PBUH) upon which the accused is being charged.
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