Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.
In a significant legal manoeuvre, Sheikh Abduljabbar Nasiru Kabara, a highly controversial Islamic scholar from Kano State who was convicted and sentenced to death for blasphemy, has filed a formal petition asking the Court of Appeal, Kano Division to order his relocation from Kuje Medium Security Custodial Centre in Abuja back to Kurmawa Correctional Centre in Kano. The petition, dated April 3, 2026, reflects deepening procedural disputes in one of Nigeria’s most contentious legal battles over blasphemy laws and religious expression.
The cleric’s fresh complaint contends that his transfer to Kuje in October 2025 has effectively deprived him of meaningful access to the voluminous case files and legal documents essential to pursuing his appeal against the death sentence. In the motion before the appellate court, Sheikh Kabara argued that the relocation has hindered his ability to verify, prepare, and pursue his defence, given that key portions of the record remain locked in custody at Kurmawa Prison. He has specifically demanded that the appellate court order his return to Kano, permit access to all original appeal documents, and suspend further appellate proceedings until his legal team can fully review the materials.
The appeal itself arises from a December 15, 2022 verdict by an Upper Sharia Court in Kano State, which convicted Sheikh Kabara of blasphemy for alleged defamatory remarks about the Prophet Muhammad, made during his teachings and sermons. The court sentenced him to death by hanging, a ruling that ignited national controversy, raising questions about free expression, religious interpretation, and due process under Nigeria’s Sharia penal codes.
Before his transfer to Abuja, Sheikh Kabara had been detained at Kurmawa Correctional Centre in Kano, where his legal team maintained custody of the comprehensive appeal record. His petition to the Court of Appeal asserts that without physical access to these files, including transcripts, exhibits, and related submissions, he cannot effectively participate in his own defence, a situation the cleric characterises as a violation of his constitutional right to a fair hearing.
Adding to his legal arguments, recent reports indicate that Sheikh Kabara has also accused the Kano State Government of plotting to destroy crucial case documents. According to these claims, the state’s proposed demolition or alteration of facilities associated with Kurmawa Prison could put his appeal records at risk, prompting him to seek judicial protection through his appeal court petition.
The Nigerian Correctional Service previously described the cleric’s transfer to Kuje as part of routine security protocols for high-profile inmates. Media reports in October 2025 quoted officials insisting that the relocation was standard practice, aimed at maintaining order and ensuring custodial safety. However, the cleric’s new motion asserts that administrative considerations should not override his fundamental rights to prepare and prosecute his appeal effectively.
Sheikh Kabara’s legal struggle dates back to his arrest in July 2021, when the Kano State Government charged him with blasphemy and incitement following controversial teachings that authorities said were capable of causing public unrest. Prior to his arrest, the state had banned him from preaching and ordered the closure of his mosque and religious schools amid disputes with other Islamic authorities in the state.
The blasphemy prosecution was one of the most high-profile enforcement actions under Section 382(b) of the Kano State Sharia Penal Code Law (2000), which prescribes the death penalty for insults against the Prophet Muhammad. Critics, including human rights advocates and regional courts, have argued that such laws conflict with broader human rights protections, particularly freedom of expression. A ruling by the ECOWAS Community Court of Justice in April 2025 found that aspects of Kano’s blasphemy laws violate international human rights obligations and called for Nigeria to amend the relevant provisions — a decision that has added complexity to domestic legal debates about the cleric’s case.
Within the broader Islamic community, Sheikh Kabara’s teachings and doctrinal positions had long been a source of controversy. He comes from the influential Kabara family in Kano, noted for leadership in the Qadiriyya Sufi order, and his theological views drew criticism from other Muslim sects, including the Izala Society and Salafi scholars. These disputes contributed to tensions that preceded his arrest and have persisted throughout his prolonged legal proceedings.
The cleric’s legal team, despite facing logistical hurdles, has pursued appeals within Nigeria’s judicial hierarchy, with proceedings at the Court of Appeal and higher courts expected to shape the ultimate outcome. The fresh petition for relocation is likely to be a focal point in upcoming hearings, as the appellate court weighs constitutional protections against security and administrative considerations.
Experts observing the case say the judiciary’s response to Sheikh Kabara’s motion could set a precedent for how custodial transfers affect access to justice in high-stakes criminal appeals. They note that ensuring litigants can fully engage with their case files and counsel is a core tenet of fair trial rights under Nigerian law and international legal standards.
There is no scheduled date yet for the Court of Appeal’s ruling on the relocation petition. Meanwhile, the cleric’s appeal continues to draw attention from religious groups, legal practitioners, and rights organisations concerned about the implications of blasphemy prosecutions and the intersection of criminal law with freedom of belief and speech.
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