The Nigerian Bar Association (NBA) has confirmed that an appeal has been filed against the conviction of Yahaya Shariff Aminu who was recently sentenced to death by the Upper Sharia Court, Kano
This is contained in a statement signed by the NBA National Publicity Secretary, Dr. Rapuchukwu Ernest Nduka, made available to TheNigeriaLawyer (TNL) titled “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.”
Nduka said, “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.”
NBA recalls that the governor of Kano State has vowed to sign death warrant for Shariff’s execution if Shariff fails to appeal against the conviction. It said it is now expecting the stay of Shariff’s execution until he exhausts his right 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.”
NBA emphasized on right of appeal and legal representation of accused persons and vowed to monitor Shariff’s appeal process
“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.” the statement concluded
