The Court of Appeal in Kano on Thursday struck out an appeal filed by embattled Islamic scholar, Sheikh Abduljabar Kabara.
The three-member panel led by Justice Mohammed Lawal-Shuaibu ruled that the case should be forwarded to the Kano State Chief Judge for speedy handling, noting that the matter is still pending before the Kano State High Court.
PlatinumPost recalls that the Kano State High Court had earlier adjourned the case sine die.
At the hearing, Kabara represented himself and informed the court of his readiness to argue the appeal without legal counsel.
Counsel to the respondent and Director of Legal Drafting at the Kano State Ministry of Justice, Barr. Bashir Sale, raised a preliminary objection, urging the court to strike out the appeal on the grounds that it lacked merit.
Sale told the court that the processes didn’t follow due process.
Justice Mohammed Lawal-Shuaibu, in his remarks, observed that delays in the case were largely due to the appellant’s lack of legal representation, which also contributed to procedural irregularities.
He emphasised that in cases involving capital offences, the appellant is entitled to legal representation, adding that where the appellant is unable to secure one, the responsibility rests with the state government.
The presiding judge also criticised the respondent’s submissions as inaccurate, pointing out that the matter was still before the lower court and should be concluded there.
“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.
PlatinumPost further reports that during proceedings, the Islamic scholar repeatedly appealed to be transferred from the Kuje correctional centre to the Kurmawa custodial facility, citing concerns for his safety.
PlatinumPost also reports that the scholar remains in custody following a Dec. 15, 2022 judgment by an Upper Shari’a court, which sentenced him to death by hanging over alleged blasphemy.
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