Blasphemy: Yahaya Sharif-Aminu Appeals Death Sentence, Says Unconstitutional

Yahaya Sharif-Aminu, a musician sentenced to death for blasphemy against Prophet Muhammad by a Kano Shari’a Court, has appealed the judgment.

Sharif-Aminu was sentenced to death on August 10, 2020, and was given 30 days by the appeal Court within which to appeal the judgment, meaning that the time would lapse on Wednesday, September 9.

Meanwhile, in a Notice of Appeal filed on Thursday at the Kano State High Court in appeal no: K/37CA/2020, by his Lawyer, Kola Alapini, Sharif-Aminu said he is dissatisfied with the judgment of the Shari’a Court.

He described the Kano State Penal Law 2000 as unconstitutional, null and void, having grossly violated and conflicted with the constitution of the Federal Republic of Nigeria (1999) as amended and having violated the Human Rights and the Universal Declaration of Human Rights respectively.

His lone Ground of Appeal reads:

“The Appellant’s trial, conviction and sentencing by the Upper Shariah Court of Kano State pursuant to Kano State Penal Code Law 2000 were unconstitutional, null, void having grossly violated and conflicted with the Constitutional of the Federal Republic of Nigeria (1999) as amended and having violated the African Charter on Human and Peoples Right and Universal Declaration of Human Rights respectively.”

Meanwhile, he noted that his purported confessional statement was illegal on the premise that he has committed no offence known to Law.

Furthermore, he contended that Nigeria is a secular state “with constitutional democracy and the Constitution being the supreme law”, the Judgement should not stand.

In addition, he contended that “the State was quick to charge the accused for blasphemy but neglected and refused to provide him legal representation even though there is an existing framework for legal aid in Kano State.”

In addition, he stated that he was tried in a process that is devoid of transparency because there is no record of proceedings to ascertain that there was compliance with due process.

Besides, he stated that he was “arrested, detained and held incommunicado and without access to family members” and that he suffered lack of access to legal representation throughout the process.

Furthermore, he stated that the Government of Kano State is “complicit” in the process.

Therefore he urged the appeal Court for “an order allowing the appeal, setting aside the trial, conviction and sentencing handed down by the Upper Sharia Court and entering Judgement” in his favour.