‘WE SHALL KEENLY MONITOR THE PROCESS’
BY EMEKA NWADIOKE
The Nigerian Bar Association (NBA) has asked the Governor of Kano State, Dr. Abdullahi Umar Ganduje not to sign the warrant for the execution of convicted musician YAHAYA SHARIF-AMINU until he has exhausted his constitutional right of appeal against the judgement of the sharia court.
In a statement by its Publicity Secretary, Dr. Rapuluchukwu Ernest Nduka, the NBA said: Said NBA: “It is expected that the execution of the judgement and the signing of the warrant of execution will be stayed in order to allow Yahaya exhaust his constitutional right of Appeal.”
The lawyers’ body noted that an appeal has now been filed against the judgement, saying: “The Nigerian Bar Association has now been informed by Kola Alapini Esq, that an Appeal has now been filed on behalf of Yahaya, challenging the sentence of the Upper Sharia Court. The said Appeal No. K/37CA/2020 was filed on the 3rd day of September 2020 and duly served on the Attorney General of Kano State. It has been confirmed that the Attorney General of Kano State has since received the said notice of appeal.”
The full text of the statement is below:
RE: NBA WADES INTO THE REPORTED CASE OF REFUSAL BY THE FEDERAL CORRECTIONAL CENTRE TO ALLOW LAWYERS ACCESS TO YAHAYA SHARIF-AMINU, WHO WAS SENTENCED TO DEATH BY THE KANO STATE UPPER SHARIA COURT
It will be recalled that on the 2nd day of September 2020, the Nigerian Bar Association went on a fact-finding mission to the Federal Correctional Centre Kano, where the fact-finding team confirmed that Yahaya Sharif-Aminu had been denied access to lawyers and thus was unable to take steps in appealing the death sentence on him, by an Upper Sharia Court.The Nigerian Bar Association has now been informed by Kola Alapini Esq, that an Appeal has now been filed on behalf of Yahaya, challenging the sentence of the Upper Sharia Court. The said Appeal No. K/37CA/2020 was filed on the 3rd day of September 2020 and duly served on the Attorney General of Kano State. It has been confirmed that the Attorney General of Kano State has since received the said notice of appeal.It will also be recalled that the Governor of Kano State in a press statement had stated that he will be constrained to sign the warrant of execution in respect of the judgement of the Upper Sharia Court if there is no appeal against the said judgement.
It is expected that the execution of the judgement and the signing of the warrant of execution will be stayed in order to allow Yahaya exhaust his constitutional right of Appeal.The Nigerian Bar Association reiterates that every accused person is entitled to be given the requisite opportunity to exercise his constitutional right of appeal and his right to be represented by a lawyer of his choice.The Nigerian Bar Association shall keenly monitor the process.
Dr. Rapuluchukwu Ernest Nduka
National Publicity Secretary, Nigerian Bar Association
