Blasphemy: Musician appeals conviction, says Sharia law illegal

A 22 - year - old musician , Yahaya Shariff -Aminu, who was sentenced to death for blaspheming Prophet Mohammed , has filed a notice of appeal before a Kano State High Court, describing Sharia law as practised in the state as unconstitutional and undemocratic .

Shariff - Aminu was sentenced to death by an Upper Sharia Court on August 10 , 2020 , but was given 30 days to file an appeal .

Governor Abdullahi Ganduje had expressed readiness to sign the convict ’ s death warrant once the 30 days lapses .

In the notice of appeal marked CR / 43 / 2020 , and filed by his lawyer, Kola Alapinni, the convict sued the Attorney - General of the state and the governor .

He based his appeal on the grounds that the Sharia law , which formed the basis of his conviction , was illegal and unconstitutional .

The notice of appeal 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 musician said the confessional statement was a nullity because the alleged crime did not exist in the constitution.

He added , “ 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 convict said the state was quick to charge and convict him but denied him legal representation even though there was an existing framework for legal aid in Kano State .

The musician noted that the trial was a secret one and was a breach of his right to 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 . ”

He said the entity called Kano State was a creation of the constitution and thus could not operate outside it .

The musician therefore prayed the court to set aside the trial , conviction and sentencing handed down by the Sharia Court and enter a judgment in his favour .