The boy’s case only came to light last week and lawyers who are trying to get him freed have been denied access to him. UNICEF has expressed deep concern over the jailing of a 13 year-old boy by a Sharia court in Kano.
The boy, identified as Omar Farouk, was sentenced to 10 years in jail, by the same court that sentenced singer, Yahaya Sharif-Aminu to death for the same offence.
UNICEF has
asked that the sentence be reversed immediately.
‘The
sentencing of this child – 13-year-old Omar Farouk – to 10 years in prison with
menial labour is wrong,’ said Peter Hawkins, UNICEF Representative in Nigeria,
in an appeal to both Kano and Federal Government.
‘It also
negates all core underlying principles of child rights and child justice that
Nigeria – and by implication, Kano State – has signed on to.’
Hawkins said:
“The sentencing of this child, 13-year-old Omar Farouk, to 10 years in prison
with menial labour is wrong.
“The sentence
is in contravention of the United Nations Convention on the Rights of the
Child, which Nigeria ratified in 1991.
“It is also a
violation of the African Charter on the Rights and Welfare of the Child, which
Nigeria ratified in 2001 and the Nigeria’s Child Rights Act 2003, which
domesticates Nigeria’s international obligations to protect children’s right to
life, survival and development,” he said.
The
representative expressed appreciation for the strides recently made by the Kano
State Government to pass the Kano State Child Protection Bill.
He however,
called for an urgent need to accelerate the enactment of the bill so as to
ensure that all children under 18, including Farouq, are protected.
He also urged
the government to ensure that all children in Kano are treated in accordance
with child rights standards.
“UNICEF will
continue to provide support to the Federal and Kano State Governments on child
protection system strengthening, including justice sector reform, to ensure
that states put in place child-sensitive measures to handle cases involving
children.
“This
includes adopting alternative measures, in line with international best
practices, for the treatment of children alleged to have committed offences
that do not involve detention or deprivation of family care, ” Hawkins said.
Hawkins added
that the sentencing highlights the need to ‘accelerate the enactment of the
Kano State Child Protection Bill so as to ensure that all children under 18,
including Omar Farouq are protected.
‘And that all
children in Kano are treated in accordance with child rights standards.’
Farouq was
convicted on 10 August for allegedly using foul language towards Allah during
an altercation with a friend.
He was
sentenced on 18 August.
His lawyers
vainly attempted to set the conviction aside, based on the argument that
blasphemy is unknown to Nigerian law and constitution.
Just like
UNICEF, Farouk’s lawyers are angry.
They said the
conviction and sentencing break a number of international conventions on the
right’s of children, including the African Charter on the Rights and Welfare of
the Child, which Nigeria ratified in 2001.
Kola
Alapinni, a member of Farouq’s legal counsel, said his team only found out
about Farouq’s case when working on that of Sharif Aminu.
‘We found out
they were convicted on the same day, by the same judge, in the same court, for
blasphemy and we found out no one was talking about Omar, so we had to move
quickly to file an appeal for him,’ Alapinni said.
‘Blasphemy is
not recognised by Nigerian law. It is inconsistent with the constitution of
Nigeria,’ he added.
Alapinni said
Kano State had not granted lawyers access to Farouq and that the boy’s mother
was forced to flee to a neighbouring town when an angry crowd came to her home.
‘Everyone
here is scared to speak and living under fear of reprisal attacks,’ he said.

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