By Bashir Bello
The Court of Appeal sitting in Kano on Thursday, struck out the case filed by Kano Islamic scholar, Sheikh Abduljabar Kabara over death sentence judgment on him by Kano Upper Shari’a court.
The Islamic scholar has been in detention following a judgment by the Upper Shari’a court on Dec. 15, 2022, which sentenced him to death by hanging for alleged blasphemy.
He had, however, appealed the judgment to High Court before approaching the Appeal Court.
Following the appeal to the higher court, the Kano State High Court had adjourned the matter sine die.
However, the three-member panel of Court of Appeal presided over by Justice Mohammed Lawal-Shuaibu, held that the matter should be referred to the Kano State Chief Judge to expeditiously hear the matter.
Earlier, Kabara appeared in person and told the court he was ready to argue his appeal personally without a legal representation.
The respondent counsel and Director of Legal Drafting in Kano Ministry of Justice, Barr. Bashir Sale raised a preliminary objection that the matter be struck out because it lacks merit.
Sale told the court that the processes didn’t follow due process.
The Presiding judge, Justice Mohammed Lawal-Shuaibu, however, said the matter has been delayed because of lack of representation on the part of the appellant and irregularities in the processes.
Justice Lawal-Shuaibu said in a case of this nature, which is capital offence, the appellant is entitled to a legal representation and for whatever reasons he can’t get one, the responsibility falls on the state government.
He also faulted the submissions of the respondent counsel as inaccurate because there was pending case before the lower court and that they go back and exhaust the case.
“We have carefully listened to the appellant and the respondents and also observe that there was no decision taken by the lower court upon which an appeal should be made this court. Thus, both the processes filed by the respective parties are incompetent.
“Consequently, the appeal and notice of verbal objection of the respondents, are hereby struck out.
“However, in view of the nature of the case of appeal, Sharia Appeal, and the overall interest of justice, the appeal is remitted back to the Chief Judge of Kano State for expeditious hearing. And the appellant is to be taken back to the correctional service,” Justice Lawal-Shuaibu said.
During the court session, the embattled Islamic scholar at any given opportunity pleaded that he should be returned to the Kurmawa custodial facility from the Kuje correction centre because his life was in danger.
