He was given
30 days to file an appeal and Governor Abdullahi Ganduje expressed readiness to
sign his death warrant once timeline lapses.
However, in
the notice of appeal marked CR/43/2020 and filed by his lawyer, Kola Alapinni,
before a Kano State High Court, the convict sued the Attorney-General of the
state and Kano State Governor, Abdullahi Umar Ganduje.
He based his
appeal on one ground which is 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 convict
said the state was quick to charge and convict.
He noted that
he was denied legal representation even though there is an existing framework
for legal aid in Kano State.
He said the
trial was a secret one and was 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 is 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 is a creation of the constitution and thus cannot
operate outside the constitution.
The musician,
therefore, prayed the court to set aside the trial, conviction, and sentencing
handed down by the Sharia Court and entering a judgment in his favour.
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