Kano musician sentenced to death by hanging for blasphemy against Prophet Muhammed by an Upper Shari’a Court in Kano, Yahaya Sharif-Aminu, has appealed the judgment.
Sharif-Aminu, was sentenced to death on August 10, 2020, and has less than a week before the expiration of 30 days within which to appeal the judgement.
Kano State Governor, Abdullahi Ganduje had said he would not hesitate to sign the death warrant at the end of the 30 days.
In a suit filed on Thursday at the Kano State High Court by his lawyer, Kola Alapinni, Sharif-Aminu said he was dissatisfied with the judgment of the Shari’a Court.
In the notice of appeal marked CR/43/2020, he named the Attorney-General of the state and the Kano State Governor as respondents.
The appeal is based on the ground that Sharia law which formed the basis of his conviction was illegal and unconstitutional.
It read in part, “The appellant’s trial, conviction, and sentencing by the Upper Sharia Court of Kano State pursuant to the Kano State Penal Code Law 2000 were unconstitutional, null, void having grossly violated and conflicted with the Constitution of the Federal Republic of Nigeria (1999) as amended and having violated the African Charter on Human and Peoples’ Rights and the Universal Declaration of Human Rights respectively.
“The Penal Sharia Code Law is only applicable and permissible in Islamic theocracies or countries whose constitution allows for such whereas Nigeria is a secular state with constitutional democracy and the constitution being the supreme law.”
The musician said the confessional statement was a nullity because the alleged crime did not exist in the constitution.
He also said the state was quick to charge and convict him but denied him legal representation even though there is an existing framework for legal aid in Kano State.
Sharif-Aminu noted that the trial was a secret one and a breach of his right to a fair hearing.
The appeal further read, “The Kano State Government as a party and prosecutor to the complaint was a complicit party when it failed to provide adequate security and equal enforcement of secular laws and good order for all citizens/residents regardless of ethnicity or religious affiliations and thereby encourages religious fundamentalism, vigilante activities, insecurity, lawlessness, mob actions, all of which blasphemy law or provisions seek to justify unlawfully in order to placate Muslims.”
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He said the entity called Kano State is a creation of the constitution and thus cannot operate outside the constitution.
Therefore, he prayed the court to set aside the trial, conviction, and sentencing handed down by the Sharia Court and enter a judgment in his favour.
No date has been fixed for hearing.
