The Kano Division of the Court of Appeal has struck out an appeal filed by controversial cleric, Sheikh Abduljabbar Nasiru Kabara, for being incompetent.
The court, however, returned the case to the Kano State Chief Judge for expeditious adjudication at the High Court appellate division in the interest of justice.
The cleric was sentenced to death by hanging by an Upper Shariah Court in 2022, a decision he appealed at the state’s High Court (appellate division).
Justice Muhammad Lawal Shuaibu, who led a three-member panel of the Court of Appeal, held that there was no decision from the lower court (High Court) to warrant the appeal, thereby rendering the entire process incompetent and not in conformity with court rules.
The judge noted that the High Court, appellate division, had only adjourned the case sine die (indefinitely) after Sheikh Abduljabbar disengaged his lawyer.
Justice Shuaibu held that the appellant has the right to have his appeal heard expeditiously but cautioned that a capital offence requires legal representation, especially in appeals arising from Shariah proceedings.
The panel advised the appellant, who appeared in court without legal representation, and the respondent to return to the lower court for the conclusion of the matter, noting that if dissatisfied with the decision, he can approach the Court of Appeal.