The Kano State Government has engaged the services of four Senior Advocates of Nigeria (SAN) to prosecute the controversial Islamic scholar, Sheikh Abduljabbar Nasiru Kabara.
The court resumed hearing of the cleric’s case on Wednesday at an Upper Shari’ah Court sitting at Kofar Kudu in Kano metropolis and presided by Justice Abdullahi Sarki Yola.
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Recall that Sheikh Kabara was first arraigned before the court on July 16, 2021 by Kano state government through an FIR bordering on blasphemy, incitement, and sundry offences.
At the resumed sitting on Wednesday, the lead Prosecution Counsel, Suraj Sa’eda, SAN, urged the court to terminate the first FIR and admit a new charge by the State Government dated Aug.13.
Sa’eda said that a charge must be read and a plea taken before any other objection according to section 390(2) of Kano State Administration of Criminal Justice Law 2019.
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Counsel to the defendant, Mr Saleh Bakaro, told the court that the four SANs for the prosecution representing the Attorney General of Kano State have no jurisdiction to appear before the court.
“Senior Advocates of Nigeria have no jurisdiction to appear before an Upper Shari’a court.
“Section 3, 4,5, and 6(3) privileges and functions rules Legal rights of SAN,” Bakaro said.
Bakaro, also prayed the court not to allow fresh charges to be read to the defendant, adding that under Islamic law a charge cannot be changed after a suspect has been arraigned according to sections 2, 108 and 126(a) of the Administration of Criminal Justice Law 2019,”
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The court then fixed September 2, 2021 for the ruling in the application for re-arraignment of the cleric.
The judge also ordered that the defendant be remanded in a correctional facility, pending ruling.
