Blasphemy: Court denies Cleric bail as new defense lawyers take over

By Ibrahim Shuaibu

The Upper Shariah Court in Kano that was presided by Mr. Ibrahim Sarki Yola, yesterday threw out the bail application of embattled Sheikh Abduljabbar Nasiru Kabara, who is accused of blaspheming against Prophet Muhammad.

The Sharia court described the application as untimely and unsafe.

The new team of lawyers defending the cleric, which is headed by Mr. Muhammad Umar, introduced themselves to the court and prayed the curt that the case should be given accelerated hearing.

In a separate prayer, the defense lawyer also prayed that his client should be released on bail because of the hardship his dependents are facing and to enable him to prepare to defend himself properly.

He said that it is at the discretion of the judge of the Upper Shariah Court to release the cleric on bail the same way the judge of the High Court could release the accused on bail. He made reference to the Kano Administration of Criminal Justice (ACJL) sec 171(2) (3c) to support his prayer to support his demand.

On the other hand, the complaint team, led by Suraj Saeed (SAN), accepted the three earlier demands but disagreed with the demand for bail, insisting that the defense lawyers could not ask for bail because of the condition of the dependents of their client or for him to prepare for the case.

In his response the judge stated that it is premature to seek for bail in a case like this as it would not only endanger the life of the accused but also possibly lead to public chaos.

He said: “We as judges rely on the provisions of the law to allow an accused for bail. This is a case that attracts death sentences for the accused if proved, so it is a very serious case with widespread public interest.

“Moreover, the law did not provide for bail to be given to an accused based on the hardships of his dependents, nor did it provide for a bail to be given so that the accused can have the chance to prepare for the case.

“For this reason and for his personal safety and security as a result of the case he cannot be granted bail for now. If in due course it is proven that the charges against him are weak and there is clarity of his safety and that of the community, he shall be granted bail then. So you should reserve your prayer for the better time when it comes.”

The judge ordered that the compiled proceedings be handed over to the defense team as they demanded, while the case was adjourned to October 14, 2021.

There were restrictions in entering the court whereby only two people were officially allowed into the court from the side of the cleric. Journalists were also not allowed to enter with any of their gadgets including midgets, cameras and phones. More so, all roads leading to the court were taken over by armed policemen who completely diverted traffic from the court area.

THISDAY gathered that in the last sitting of the case, the defense lawyers withdrew their services and the case was adjourned to yesterday (Thursday 30th September 2021) to allow for the accused to contract new lawyers.