A religious blasphemy case involving a local musician in Kano state, Nigeria, who was sentenced to death by a sharia court, has raised concerns about the sharia law and its infringement on fundamental human rights such as freedom of expression.
The genesis of the case can be traced back to 2020, when Yusuf Sharif Aminu, a local musician based in Kano, was arrested for allegedly sharing song lyrics that were blasphemous against the Prophet Muhammad.
Yusuf’s lyrics generated fury among a certain group of protesters in Kano state who took matters into their hands and set his family’s house ablaze.
The musician was later said to have been arrested and taken into custody by the religious police force in Kano, Hisbah.
In August of 2020, Yusuf was tried by an upper Sharia court in the Hausawa Filin Hockey area of Kano and was sentenced to death by hanging.
The following year, in 2021, Yusuf appealed to the Court of Appeal in Kano after the initial conviction in 2020 was overturned because he had not been granted legal representation during the proceedings.
The court, however, rejected his appeal for release, stating that the Sharia court was not unconstitutional and ordered a retrial of the case by a different Sharia court.
In the most recent development, Yusuf and his lawyers have taken their case to the Supreme Court to request permission to appeal the retrial, which has been approved by the court. Kola Alapinni, the lawyer representing Yusuf, stated, “The court has graciously granted our request and ordered an accelerated hearing. We will file the appeal next week.”
The Supreme Court of Nigeria (Photo by Channels TV)
Five years down the line, Yusuf’s case remains a topic of debate among Nigerians and international bodies. Social media users have expressed concerns over the clash between the provisions of the constitution and Sharia law, insisting that the two cannot coexist in a country of varying religious practices.
An X user commented, “Religion should be personal. Should have no place in law, politics, or the government.”
Analysing the issue during an interview with Yuvoice, a Nigerian lawyer, Barrister Yusufu explained, “Applying Sharia criminal codes in a diverse, multi-faith country creates constitutional and social problems. The best approach is ensuring that no Nigerian, Muslim or non-Muslim is coerced under a religious legal system they do not subscribe to.”
An international lawyer for the Alliance Defending Freedom, Sean Nelson, equally commented on the issue during a lecture with university students. He maintained that blasphemy laws like the one in Yusuf’s case were censorious and infringed on the right to speech and religion.
Yusuf’s case is currently ongoing at the Supreme Court of Nigeria and pending trial.
