An Upper Shari’a Court sitting in Kano, on Wednesday fixed September 2 for the ruling in the application for re-arraignment of a cleric, Abduljabbar Nasiru-Kabara for alleged blasphemy case.
The Presiding Judge, Ibrahim Sarki-Yola, fixed Sept. 2 for ruling after listing to arguments by the counsel, on whether a new charge should be read to Nasiru-Kabara or not.
Sarki-Yola ordered that the defendant be remanded in a correctional centre, pending ruling.
Nasiru-Kabara was first arraigned before the court on July 16, charged with blasphemy, incitement, and sundry offence according to the First Information Report (FIR) from the police by the Office of the Attorney General which prepared the charge against the cleric.
The defendant, however pleaded not guilty to the charge.
At the resumed sitting, the Prosecution Counsel, Suraj Sa’eda, SAN, urged the the court to terminate the first FIR and new charge be added by the state government dated August 13.
Sa’eda said that a charge must be read and plea taken before any other objection according to section 390(2) of Kano State Administration of Criminal Justice Law 2019.
Counsel to the defendant, Mr Saleh Muhammad-Bakaro, told the court that the four SANs for the prosecution representing the Attorney General of Kano state have no jurisdiction to appear before the court.
“Senior Advocates of Nigeria have no jurisdiction to appear before an Upper Shari’a court.
“Section 3, 4,5, and 6(3) privileges and functions rules Legal rights of SAN,” he said.
Muhammad-Bakare also prayed the court not to allow fresh charge be read to the defendant, adding that under Islamic law a charge cannot be changed after a suspect has been arraigned according to section 2, 108 and 126(a) of the Administration of Criminal Justice Law 2019,” Muhammad-Bakaro said.
