By; Mustapha Gambo Muhammad
The ongoing trial of alleged blasphemy against Sheikh Abduljabbar Nasiru Kabara, before Kano State Upper Shari’ar Court, on Thursday ended in disarray, following the walk out of a defense counsel, Barrister Dalhatu Shehu Usman.
When the court reconvened sitting today for ruling on the prayer to discharge the Cleric by defense counsel, argued that the entire charge sheet, slammed against his client was defective and not base on law.
Consquently, the Trial Judge, Ibrahim Sarki Yola reserved ruling untill day of judgement in the case.
Similarly, the Counsel, Barrister Shehu prayed the court to allow defendant move No Case Submission, arguing that the court didn’t give room to establish prima facie against his client before allowing him to start calling his witness, the counsel relied on section (357) and (303) of ACJL, 2019.
He said position of the law to that effect mandated the court to give bench ruling without any adjournment.
Barrister Dalhatu further stressed that in criminal trial is mandatory to accorded defendant opportunity to defend himself.
On the other side, the Prosecution counsel Barrister, Yakubu Abdullahi, opposed the prayer to give room for No Case Submission when the cleric already commenced defending himself.
He argued that the former defense counsel, Ambali Muhammmad, (SAN), told the court that he was not interested to apply for No Case Submission on behalf of the defendant.
In his ruling Sarki Yola stressed that, defense counsel has the power to challenge the content of charge, slammed against his client at any stage of the trial.
He, however, affirmed that the defense counsel lacks legal power to seek leave for a No Case Submission when the defendant has already commenced his defense.
Our Judicial Correspondent gathered that shortly after the ruling, Barrister Shehu requested for copy of the proceedings, he stated his willingness to challenge the ruling before upper court.
During cross examination, the prosecution counsel Barrister Abdullahi asked the defendant when did his teacher, father died and how old was he then.
“After your father’s death where did you continue your education?”
The dedefendant told the court that his father Sheikh Dr Nasir Kabara died in 1996.
“I was 25 to 26-years old then and after his death I did not attend any further my education before any person in Kano,” he answered
Apparently, The defense counsel opposed the style of cross examination being conducted by the Prosecution and threatened to walk out of the court.
“Why will the Prosecution be asking the defendant when did his father died it is not contain in the charge”
When he threatened to walk out the judge said ok he can go.
The defense counsel parked his belongings and walked out of the court.
However, in his interaction with journalist outside the court room Barrister Dalhatu alleged that the judge is been teleguided by Government officials.
” I lost confidence in the judge, he takes side, this is capital offense against the Abduljabbar he is not given chance to defend himself, the court sided with the Prosecution. We will go ahead,” he alleged.
Also, on the side of the Prosecution out side the court, Barrister Abdulrazak Ahmad, threatened to petition NBA against the conduct of the defense counsel.
” I have never seen this kind of practice in my experience”
Also speaking on behalf of the Prosecution, Barrister Umar Danbaito, alleged that the conduct of defense was contempt of the court arguing that that all submissions against the judge was merely an allegations which he cannot prove
Meanwhile the judge, Ibrahim Sarki Yola, adjourned the case until July 21, for continuation of defense.