Nigerian singer, Yahaya Sharif-Aminu, who was sentenced to death by hanging in 2020 after being convicted of blasphemy, has approached the Supreme Court of Nigeria to challenge his conviction.
The death sentence was passed on Sharif-Aminu by a Sharia court, which a high court overturned.
It, however, denied the musician bail and ordered his re-trial before another Sharia court judge due to irregularities in the original trial.
The musician approached the appeal court to overturn the order for his retrial for blasphemy. His lawyer argued that he ought to be removed from detention.
But the appellate court did not rule in his favour.
Sharif-Aminu, in now asking the Supreme Court to declare that the offence of blasphemy is not recognized in Nigerian law.
This was seen in court documents filed by his counsel, Kola Alapinni Esq, which were obtained by SaharaReporters on Wednesday.
It was learnt that the governor of Kano, Abdullahi Ganduje and the state Attorney General, Musa Abdullahi Lawan were served court papers with regard to the appeal on Wednesday, 9 November, 2022.
Sharif-Aminu’s notice of appeal to the apex court reads: “Take Notice that the Appellant being dissatisfied with the decision more particularly stated in paragraph 2, of the Court of Appeal, Kano Division holden at Kano, Kano State contained in the judgment dated 31/08/2022 doth hereby appeal to the Supreme Court of Nigeria upon the grounds set out in paragraph 3 and will at the hearing of the appeal seek the relief set out in paragraph 4.
“And the Appellant states that the names and addresses of the persons directly affected by the appeal are those set out in paragraph 5.”
The Appellant noted that the part of the decision of the lower court complained of is “the whole” decision.
He is seeking an order “allowing the appeal, setting aside the judgment of the Court of Appeal and entering judgment in favour of the Appellant”.
Sharif-Aminu is also seeking “an order declaring S.382(b) of the Sharia Penal Code Law of Kano State 2000 being in conflict and incompatible with S.34(1)(a), S.38(1), S.39(1), and other provisions of the Constitution of the Federal Republic of Nigeria, Articles 5, 8, and 9, among others, of the African Charter on Human and People’s Rights, and Articles 7, 18, and 19, among others, of the International Convention on Civil and Political Rights, as well as an order declaring other sections of the Sharia Penal Code, including SS: 94 (1) (b); 97 (a-j); 99; 115 (1) (2); 116(2): 117; 118 (2): 123; 125 (e-b), 126 (e) (2): 127 (a-b); 129 (a b): 131; 134: 134(b): 135(2): 136; 137: 140 (b); 141 (b): 146 (a): 148; 163 (c): 169: 150; 154; 155; 157; 162; 163 (c); 169: 170; 174 (3); 175-178; 186; 187; 189; 191-194; 196; 197; 199; 200; 208-211; 216-221; 223-227; 237; 246 (a); 260 (a-b); 264; 268; 273; 276 (c), (i); 277 (c); 280 (b): 281-284 (c); 285-287 (b); 290; 291 (b); 292; 293 (d) (-i): 294 (a-b): 295 (a): 296 (a); a-b): 295 (a): 296 (a); 297 (a-b); 298 (b); 299 (a-b) 300-308; 309 (a-b); 310-312; 315 (1-2): 316 (1): 317; 323; 324 (a); 325;-328; 329 (a-b); 330-332; 335 (b); 336 (b); 337 (b); 338 (b): 339 (b); 340; 342 (c); 344 (c); 345 (c): 346 (c): 347 (b): 348 (b); 349 (b); 352 (a): 353; 356; 358; 360-362; 368; 369 (b); 373; 376; 377(e); 385; 387 (b); 388 (1) as being similarly incompatible with the Constitution and international treaties.”
Nigerians have reacted to the latest development on Twitter with some backing the musician’s decision to appeal his conviction in the Supreme court.
A tweep, @ola_ayeni tweeted: “God can’t be diminished by the words of humans. An infinite God doesn’t need humans to defend him from the remarks of an atheist.
“Humans can say whatever they will, but God will always be God and humans will remain mortal.”
Another tweep, @Mujaheed who is not in support of @ola_ayeni’s comment, tweeted: “Rubbish”
@ola_ayeni who is not one to easily back off, said: “Sheikh, I suppose Allah is transcendent, infinite and impersonal. As such one wouldn’t expect him to be privy to human whims and emotional vagaries. But when his mortal slaves go out there to jail or murder when he’s “blasphemed” it means you guys slander his greatness.”
@Wali_WM also weighed in, stating: “That’s an opinion. There is no room for it in Islam. Islam is a belief, a faith. If he doesn’t want to be a Muslim he should leave it in peace and practice whatever he chooses. He shouldn’t insult it or anything about it. If he does, he will face the full wrath of the Shari’a law.”
@ola_ayeni reacted to @Wali_WM’s tweet thus: “That’s proof that Islam and its deity can be extinguished by mere insult. A religion with superior logic and profound spirituality will always defeat the insults of detractors.
“Going by your words, the religion you practice is bereft of these virtues.”
@Tosadi said: “I understand that religion can be dogmatic, but we should also apply ourselves to wisdom. Sometimes, sit down in a corner & begin to reason. Ask questions like, “Should I fight for God or should he be the one to fight for me?” If I need fight for God, is he then all powerful?”
Another tweep, Hauwa_Adamu said: “This is not Islam. I was brought up to know Islam as peace
Beautiful
Love
Respect
Forgiveness….
Islam welcomes people and not cast them away
Islam is really beautiful
Let’s not make it look bad and rigid.”