By Abdulmumin Murtala, KANO

The Upper Shariah Court in Kano under Ibrahim Sarki Yola has thrown out the demand for bail of embattled Sheikh Abduljabbar Nasiru Kabara, acussed of blasphemy against Prophet Muhammad, describing it as untimely and unsafe.

It would be recalled that in the last sitting of the case, the defence lawyers withdrew their services and the case was adjourned to Thursday, September 30, to allow for the accused to contract new lawyers.

The new lawyers defending the cleric headed by Muhammad Umar, while introducing themselves to the court, presented three prayers;

They asked to be given the proceedings of the case since inception, that the complainants come along to the court with all their witnesses and that the case be made speedy even if it were to be heard in two consecutive days at every sitting.

In a separate prayer, the defence lawyer also prayed that his client be released on bail because of the hardship his dependents are facing and also to be able 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 as it is at that of the judge of the High Court to 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 cannot 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 will not only endanger the the life of the accused but also possibly lead to public chaos.

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

“More so, 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 bail tonne 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 declared.

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

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 where taken over by armed policemen who completely divert traffic from the court area.

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