Just a quick post as a place holder for a longer post on the most recent event in the series of suits and countersuits between Kaduna filmmakers and Abubakar Rabo Abdulkarim, director general of the Kano State Censor’s Board.
Today, at the Kaduna State High Court the Kaduna filmmaker’s association filed an
“amended statement and additional affidavits in the matter of an application by Ashiru Sani Bazanga [Vice president, Kaduna Filmmakers Association] and 11 others for the enforcement of their fundamental human rights as guaranteed by sections 34, 35, 37, 38, 39, 40 and 41 of the constitution of the Federal Republic of Nigeria 1999, Articles 4,5,6,8,9,20,11, and 12 of the African Charter of Human and People Rights and under the Fundamental Human Rights (Enforcement Procedure) Rules 2009.
The lawsuit is between the applicants 1. Ashiru Sani Bazanga, 2. Mohammed Rabiu Rikadawa, 3. Aliyu Abdullahi Gora, 4. Sulaiman Sha’ani, 5. Musa Aminu, 6. Jamilu Adamu, 7. Abubakar Sani, 8. Tahir I. Tahir, 9. Tijjani Asase, 10. Yusuf Haruna, 11. Yakubu Lere, and 12. Adam Zango and the respondents 1. Commissioner of Police, Kano State; 2. Attorney General and Commissioner of Justice, Kano State, 3. Chief Magistrate Court 25 Kano, Kano State; 4. Abubakar Rabo. The applicants are seeking damages of Ten Million Naira as compensation for the “violation of the applicants fundamental human rights.”
I attended court this morning, and sat beside Tahir I. Tahir before he was called to the witness stand with the 8 other applicants who had shown up. Eventually, after the lawyer for the case, Mohammad Sanusi, presented the case, the defending lawyer had very little to say, and the case was adjourned until 27 July 2010. I took about 3 pages of illegible notes, admittedly understanding very little of the proceedings. Fortunately, afterwards I was able to have an interview with the leading lawyer for the Kaduna Filmmaker’s Association on the case, Mohammed Sanusi, and also with Yakubu Lere, President of the Kaduna Filmmaker’s Association. I will add more of the details I learned from them in a later post, along with a few photos of people who attended court today and documents of the ongoing case. My multilinks internet does not seem to work very well in Kaduna, so I might have to wait until I leave the city to upload all my photos.
In brief, the complaint of the Kaduna filmmakers is chiefly that their fundamental human rights, as Kaduna citizens, have been breached by the intimidation of Rabo and the Kano state police and court system, beginning with Rabo’s inflamatory remarks on DITV Television on the 13th and 14th of May, urging “Kaduna people to stand up against them [the filmmakers’ and make sure they send them out of Kaduna state” (as quoted from the original complaint made 28 May 2010) and continuing with the Kano state police intimidation in Kaduna state. Kano state police were sent to arrest the 12 applicants in Kaduna state, on Rabo’s accusation of having recieved death threats by text message from three phones. (At least one of the phones was traced to a woman who did not appear on the list for arrest.) However, the police came and the arrest was made without the awareness or permission of the Kaduna State Commissioner of police. Yakubu Lere narrated how the Kano police came to his house several times and intimidated his family in his absence. They apparently also visited Abubakar Sani’s office and Adam Zango’s studio, but didn’t find either of them there. They did find Aliyu Abdullahi Gora, editor of FIM Magazine, in his office, arrested him on Wednesday the 30th of June, held him overnight in a Kaduna police cell, and then took him to Kano on 1 July, Thursday, where he was put in prison. The judge did not show up to court two days in a row, so Gora was held over the weekend, until Monday, 5 July, when the judge gave him bail on the condition that a Level 17 or higher civil servant or businessman based in Kano post bail for him. He was not able to meet these conditions until 6 July 2010. In adding up those dates, you can see that he was detained by the Kano police for exactly a week. Yakubu Lere told me that although immediately after Gora’s arrest while he was still in Kaduna, the Kaduna filmmakers had obtained a stay of arrest from a Kaduna judge, the police went ahead and took him to Kano. In the photocopy I have of court order, it shows that the 12 accused filmmakers applied for a staying order on 2 July 2010, and it was approved on the 7th of July. In Yakubu Lere’s affidavit he mentions the irony
11. That some members and more particularly 1st to 6th Applicants filed complaints against the 4th Respondents for the offence of Criminal defamation of character, inciting disturbance of public peace which were all committed in Kaduna as indicated in Exhibits 2 and 3 repectively
18. That the 4th Respondent has recently used the 1st, 2nd and 3rd Respondents to humiliate, harass, and intimidate the Applicants to forgo their complaints.
Note that the 6 filmmakers who initially filed the complaint against Rabo for defamation of of character on 28 May 2010 (Ashiru Sani Bazanga, Moh’d Rabiu Rikadawa, Aliyu Abdullahi Gora II, Suleiman Sha’ani, Musa Aminu, and Jamila Adamu) were among those fingered by Rabo as allegedly having sent him the death threats by text message.
Note also, that the continuation of Director Iyan Tama’s lawsuit against Abubakar Rabo Abdulkarim is set for this Thursday, 22 July 2010.
Stay tuned for more details, including excerpts of my interviews with the lawyer and several filmmakers involved with the case, and photos of documents. For more background information, please see my detailed post on the events leading up to this lawsuit.
[UPDATE: 30 July 2010: On 27 July 2010, the judge in Kaduna upheld the right of Abubakar Rabo Abdulkarim to make a complaint to a Kano court; however, he fined the Kano state police N100,000 for unlawful detention of Aliyu Gora)