There are still controversies surrounding the condemnation of one Shariff Yahaya to death by the Upper Sharia Court sitting in Kano for blasphemy.
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Based on the concern expressed by the human rights community Falana and Falana’s Chambers applied for a certified true copy of the judgment of the Court.
The request was belatedly granted on Friday, September 4, 2020 when the Hausa version of the judgment was made available to their representative.
The Certified True Copy of the Record of Proceedings made available to TheNigeriaLawyer (TNL) shows that Shariff was not represented by a lawyer throughout the proceedings.
Upon their request, the representative has since translated the judgment of the Upper Sharia Court from Hausa language to the English language.
However, Falana and Falana’s Chambers have confirmed from the record of proceedings of the Court that since the defendant could not afford the services of a defence counsel the Court ordered the Kano State office of the Legal Aid Council to assign a legal officer to defend him. The Legal Aid Council did not comply with the order. And without ensuring compliance with the order the Court proceeded to try the defendant, TheNigerialawyer gathered.
Fortunately, another lawyer in the human rights community, Mr. Kola Alapinni of the Foundation For Religious Freedom graciously filed an appeal at the Kano State High Court against the conviction and death sentence imposed on the convict.
Pages 6 and 7 of the record show that the court notified the Kano State office of the Legal Aid Council to assign a legal officer to defend Shariff but no response was received from the Legal Aid office
PAGE 6 reads:
“Today 28/4/2020 the Defendant is in court as well as the prosecutor.
COURT To DEFENDANT: Are you able to secure the services of a legal practitioner?
DEFENDANT: No.
COURT: I hereby order that a letter should be written to the Legal Aid Counsel Kano to secure legal services for the Defendant. Case adjourned to 17/6/2020″
PAGE 7 also reads:
“Today 24/6/2020 the Defendant is in court as well the prosecution.
COURT TO THE REGISTRY: Has the letter been sent to the Legal Aid Counsel?
REGISTRY: Yes. But there has been no response from them nor has any lawyer has appeared.
COURT: The FIR shall be re-read to the Defendant and his plea taken again.”
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