Kano: Falana Drags FG, State Govt To African Commission, Over Death Sentence On Musician |The Source

By Akinwale Kasali

Human Rights Activist, Femi Falana, SAN, has dragged both the Kano State Government and the Federal Government of Nigeria to the African Commission on Human and Peoples’ Rights in Banjul, The Gambia, over the death sentence issued to Kano singer, Sharif Yahya Sharif.

The death sentence on the 22 year-old musician for alleged blasphemy has generated controversy, bringing to fore the fight for supremacy  between the Constitutional Law guiding the Nation, the Customary and the Sharia Law.

In the petition dated 8th September 2020, the father of Popular Musician, Folarin Falana, known as Falz, asked the Commission to exercise its mandates and authority under the African Charter on Human and Peoples’ Rights, and pursuant to the Commission’s order 100(1) Rules of Procedure, 2020.

Falana insisted that Nigeria has deliberately and willfully disregarded the request by the African Commission to the effect that African countries, including Nigeria that still retain the death penalty, should fully comply with their obligations under the African Charter on Human and Peoples’ Rights, and guarantee every person accused of capital punishment fair trial.

The petition reads: “I am writing to you on behalf of Sharif Yahya Sharif to ask the Commission to consider this request for provisional measures. The request is submitted in conjunction with our communication on behalf of Sharif Yahya Sharif convicted and sentenced to death for blasphemy in Kano State of Nigeria.

“When the petitioner informed the Court that he could not afford and secure the services of a lawyer to defend him, the Court ordered the Legal Aid Council to assign him a lawyer so that the petitioner could enjoy access to legal representation.

“However, the order was disobeyed by the Legal Aid Council. The Legal Aid Council is the body established by law to provide legal support to indigent citizens especially in cases involving death penalty.

“An appeal at the Kano State High Court against the conviction and death sentence imposed on the petitioner has been filed, but we submit that the petitioner will not enjoy a fair hearing, as he continues to face imminent execution by hanging.

“Nigeria is a state party to the African Charter on Human and Peoples’ Rights but there is a growing crackdown on human rights including the rights to freedom of expression, peaceful assembly, and attack on the rule of law.”

Condemnations have trailed the death sentence passed on the Musician, by a Kano Sharia Court, from across the world over a song which, allegedly, blasphemed the Holy Prophet, Mohammed.

While the Nigeria Bar Association, NBA, rose in strong condemnation of the death sentence, the Kano branch of the NBA, commended it. Their members refused to take briefs for the appeal against the judgement, allegedly, fearing mob action against them by fundamentalists.

The hope that the Kano State Governor,  Abdullahi Ganduje, would use his discretion and quash the death sentence was dismissed when Ganduje said he would gladly sign that the execution of the Musician be carried out.

After much delay, the Appeal was filed but there are fears that it will be an exercise in futility. Many think it is possible for any Court in Kano to overturn the death sentence, for fear of the wrath of fundamentalists.