Kabara, who is the son of the late Nasiru Kabara, a leader of the Qadariyya Islamic Movement in West Africa, has insulted the judge shortly before he was sentenced.
He had rebuked his lawyer who was pleading on his behalf before the judge, saying the counsel was not representing him.
The Cleric was arrested at his home in Kano and arraigned on 16 July 2021, before an Upper Sharia Court at ‘Kofar Kudu’, Emir’s palace on alleged blasphemy, incitement, and sundry offences brought against him by Kano State government.
The government claimed that the cleric was famous for controversial religious commentaries and statements, which were regarded as embarrassing to the Holy Prophet Muhammad.
On Thursday, the judge, Ibrahim Sarki-Yola, reviewed the court proceedings from last year, for about four hours.
The proceedings reviewed include the hearing of witnesses and objections of the accused person. The court said it is satisfied that the accused is medically okay following a psychiatric certification.
The judge said Kabara sacked his lawyers on the accusations that they were working against him. And at a point, he opted to defend himself without a lawyer, to which the court disagreed and provided a lawyer for him because of the gravity of the allegations against him.
The judge said he was satisfied that the state has proven the four-count charge filed against the cleric. The judge also dismissed the cleric’s arguments as a mere ‘academic exercise’.
The witnesses who testified against the cleric narrated how Kabara on 10 August 2019 made allegedly blasphemous comments against the Holy Prophet Muhammad at two different religious gatherings in his mosque within Kano’s metropolis.
But the accused objected and dismissed the witnesses saying their testimonies against him were based on differences in the understanding of the Islamic religion.
However, the judge said the court accepted the statements of the witnesses.
The judge also relied on an audio recording, admitted to by the accused, where Kabara was making the alleged blasphemous comments.
“The court admitted that the comments were made at a gathering at the cleric’s mosque at ‘Gwale Filin Mushe’ while addressing his followers who hailed him as he made the comments.
“The court after citing several references agreed that those comments by the cleric were admitted by the court as blasphemous comments against the Holy Prophet Muhammad.
“The prosecutors also convinced the court that the accused person deliberately interpreted the religious books and fabricated the blasphemous comments against the Holy Prophet Muhammad,” the judge, Sarki-Yola, said.
The judge asked the defence counsel whether he has anything to present before the court before the final judgement was read.
The defence counsel, Abubakar Ado, pleaded with the court for leniency on the ground that his client made the comments out of ignorance and asked to court to consider that the accused person was a breadwinner with wives and children.
However, while the defence counsel was making the plea for his client, the accused person, Kabara, interrupted, saying he did not ask the lawyer to speak on his behalf.
He asked the court to allow him speak for himself for the last time before the judgement was read.
The judge obliged his request.
Kabara verbally attacked the judge, accusing him of being unfair and challenged him to sentence him to death.
While pointing at the judge, Kabara said, “You Ibrahim Sarki Sani Yola, changed the whole narration about the case, go ahead and sentence me to death, I will die honourably meeting my God.”
“And I am pleading to my followers not to worry about the sentencing as I will die as a righteous person,” Kabara said while returning to his seat at the accused box.
The judge, Sarki-Yola, then, proceeded for a short break before returning to sentence the Kabara to death by hanging.
The judge said he relied on ‘Section 382 subsection (B) of the Shariah appeal court 2000,’ Kano State’s laws.
“Whoever in any means publicly insults by using words or expression in writing, verbal means or gesture which shows or demonstrates in form or contempt or abuse against the Holy Quran or any prophet of God shall be liable to death,” the judge said after delivering the judgement.
He also ordered the seizure of all 189 books that the cleric used in the court to defend himself. He also banned across Kano State the use of the clerics’ religious preaching and the use of his photos.
The judge also ordered the state to seize the two mosques of the cleric where he made the comments against the prophet.
The judge said Kabara has up to 30 days to appeal the judgement.
