An Upper Shari’a Court sitting in Kano State, on Thursday, ordered that Sheikh Abduljabbar Nasiru-Kabara should be taken to Dawanau psychiatric hospital for a mental evaluation.
The Kano State Government charged Nasiru-Kabara, who lives in Gwale Quarters Kano, with four counts bordering on blasphemous comments.
Delivering a ruling, the Judge, Malam Ibrahim Sarki-Yola, ordered that the defendant be taken to Dawanau psychiatric Hospital Kano to ascertain his mental health.
Sarki-Yola also ordered that an ENT doctor at the Murtala Muhammad Specialist Hospital Kano must carry out some tests on the defendant.
Sarki-Yola adjourned the matter until September 16, for the continuation of the hearing.
Earlier, the judge held that the new charge must be read to the defendant to answer his plea according to the provisions of Section 390 (2) of Administration of Criminal Justice Law(ACJL) 2019.
“First Information Report is not a charge. The charge is an allegation of crime.
“Section 125(a) of the Administration of Criminal Justice Law (ACJL) 2019, says in any trial, a prosecutor at any time may withdraw or additional charge.
”I, therefore, terminate the FIR and order the new charge be read ”
The Prosecution Counsel, Suraj Sa’eda, had told the court that the defendant committed the offence on August 10, October 25 and December 20, 2019.
He alleged that the defendant made a blasphemous comment against Prophet Muhammad (PBUH) in his marriage with Nana Safiyya in Jautul Fara section 93 (40) and hadith 1,365 and 1,428.
The defendant refused to answer whether he was guilty or not.
Sa’eda urged the court to order that the defendant undergoes mental evaluation since he refused to answer his plea according to the provisions of Section 278(3) of the Administration of Criminal Justice Law 2019.
Responding, Defence Counsel, Mr Saleh Muhammad-Bakaro, opposed that the new charge is read to his client.
He prayed the court to provide a copy of records of all the proceedings to enable him to appeal the ruling at the State High court.
