A Kano High Court (Appeal Division) on Thursday ordered the retrial of alleged blasphemer, Yahaya Sharif Aminu, who was slammed with a death sentence by an upper Shari’a court presided over by Muhammad Aliyu Kani in the state.
Similarly, the court also discharged and acquitted the minor blasphemer, Umar Farouq (17-year-old) who was sentenced to 10 years imprisonment.
The court presided over by Justice Nasiru Saminu and in company of the State’s Chief Judge, Justice Nura Sagir while giving their judgment, ordered that the trial of AMINU be remitted to the same upper Shari’a court but assigned to another Judge.
Justice Saminu also said the defendant must be provided with legal representation during the retrial.
He said it is mandatory where anyone is standing trial for death sentence offence, such defendant is entitled to a legal representation as it was the reverse in the case of Yahaya Sharif Aminu who was trialed and sentenced to death without a legal representation.
Justice Saminu quoted section 269 (3) and (4) of the Administration of Criminal Justice Law, ACJL which says any person standing trial in capital offence shall be entitled to seek legal representation.