A Kano State High Court Division of Appeal on Thursday ordered that hearing notice should be served on a cleric, Abduljabbar Kabara, to appear in court.
Recall that an Upper Shari’a Court had on December 15, 2022, sentenced Mr Abduljabbar to death by hanging for blasphemy.
The appellant, Mr Abduljabbar, filed a suit through his counsel, Sadiq Yusuf, challenging the record of proceedings of the lower court (Upper Shari’a).
He is also seeking the court to amend section 275 and 375 of Kano State Shari’a Penal Code Law 2000 to which he was convicted.
The respondent in the suit is the Kano State Government.
The two member-panel, led by Justice Nasiru Saminu and Justice Aisha Mahmoud, also ordered that hearing notice be issued on Mr Yusuf for not appearing before the court.
The judge also granted the respondent’s application for extension of time and adjourned the matter until May 14, for hearing.
Earlier, at the resumed sitting, the state counsel, Bashir Saleh, informed the court that the appellant and his counsel were not in court or represented.
Mr Saleh moved two applications for extension of time dated May 5, and filed counter affidavit attached with seven paragraph affidavits deposed by Abdulhadi Garko and urged the court to grant it’s application.
“My lord the appellant’s counsel should be served on hearing notice; at the last adjourned date he told the court he will file his counter affidavit today,” Mr Saleh said.
The appellant committed the offence on August 10, October 25 and December 20, 2019 while conducting his preachings at his two mosques.
Mr Saleh said that Mr Kabara made a blasphemous comment against Prophet Muhammad, PBUH, and his marriage with Nana Safiyya in hadith 1,365, 1,428, 2,326 and 5,120 Sahih-Bukhari and Muslim and posted it on his Facebook page Ashabul Kahfi.
He said the offence contravened the provisions of sections 382(b) and 375 of Kano State Shari’a Law 2000.
NAN
