“Section 38 of 1999 Constitution provides that every person shall be entitled to freedom of thought, conscience and religion, including the freedom to change his religion or belief.
“This is the judgment of the court, the appellant is discharged and acquitted.”
These are the words of Justice Umar C.J of the Court of Appeal in Kano State, on Wednesday, as he discharged and acquitted 22-year-old Yahaya Sharif Aminu sentenced to death by a Sharia court over alleged blasphemy.
The court ruled that the Sharia Court erred in its judgement because it had no power over the religion of the accused.
The Sharia Court had sentenced the musician to death by hanging for blasphemy.
The 22-year-old was convicted based on Section 382 (b) of Kano penal code of 2000 after he was accused of committing blasphemy against the Prophet in a song he circulated via WhatsApp in March 2020.
Aminu, represented in the appellate court by his counsel, Kola Alapini, was convicted on January 21, 2021, but appealed the verdict.
The Kano state government had already deferred its response for months, having been served with the appellant’s brief of argument around March last year.
The respondent was the Attorney-General of Kano state according to the court document with the suit no: K/37CA/20, sighted by Vanguard.
