The Kano Division of the Court of Appeal has struck out the appeal filed by controversial cleric Sheikh Abduljabbar Nasiru Kabara, declaring it incompetent.
The court, however, directed that the case be returned to the Kano State Chief Judge for speedy hearing at the High Court appellate division in the interest of justice.
Sheikh Abduljabbar was sentenced to death by hanging in 2022 by an Upper Shariah Court and later appealed the judgment at the High Court (appellate division).
A three-member panel led by Justice Muhammad Lawal Shuaibu ruled that the appeal was not properly before the court, noting that there was no valid decision from the lower court to challenge.
The court explained that the High Court appellate division had only adjourned the matter indefinitely after the cleric disengaged his lawyer, leaving no ruling to appeal against.
Justice Shuaibu added that while the appellant is entitled to a speedy hearing, capital offence cases require proper legal representation, especially in Shariah-related appeals.
The panel advised both parties to return to the lower court to conclude the matter, adding that any party dissatisfied with the final outcome can still approach the Court of Appeal.
... Court of Appeal Strikes Out Sheikh Abduljabbar’s Appeal, Orders Return to Kano High Court ... Naijaonpoint.