Tag Archives: justice

A notice about the 11 banned songs in a shop . Photo courtesy of documentary filmmaker Alex Johnson.

Last week Mukhtar Ahmed, the magistrate of the mobile court attached to the censorship board, banned 11 Hausa songs. According the the article by Abdulaziz Ahmad Abdulaziz (originally published in Leadership newspaper, but also published on his blog, here,) the justice has “banned listening, sale and circulation of 11 Hausa songs, describing the songs as obscene, confrontational and amoral.” Included in the ban, apparently is

“selling the songs, playing them, and downloading them by any means. He said the order was issued by the court in accordance with section 97 of the state Censorship Board Law 2001 Cinematography and Licensing Regulation of the same year. Ahmed explained that by the provision of the said sections of the law, any person who for the purpose of or by way of trade, makes produces or has in his possession blasphemous, pornographic or obscene writing or object that will corrupt public morale can be charged under the law, among others.

I was also just forwarded an email from a listserve, that apparently re-posted from a Daily Triumph article (which I have not been able to find via google yet–my internet is very slow), from 4 June 2009, the following:

kano State Film censorship mobile court has banned the sales of some 11
hausa songs it describe as obscene in the state.

Announcing the ban order, the presiding judge at the court, chief magistrate
mukhtar ahmad, said the songs include:

1 Walle-Walle
2 Martani(bilio)
3Auta
4 Sauka a babur(ibro)
5Girgiza kai master9ibro)
6Oyoyo
7Ibro Sankarau
8kowa yaci Ubansa/uwarsa
9gari yayi zafi
10 Wayyo
11Hasbunallahu

According to him, the court is going to prosecute anyone found selling the
songs, playing it, downloading it by anymeans in accordance with section 97
of the state censorship board law 2001 cinematography and licensing
regulation of the same year.

he added that the law in the section states that any person who for the
purpose of or by way of trade, make products or has in his possession
blasphemous,pornographic,or obscene writing, or object that will corrupt
public morale, can be charged under the law,among others.

the triumph
jumadal thani 9/1430AH
thursday,june4, 2009

It is interesting to me that most of these songs (most of which I have heard) are subtly or directly critiquing the censorship board and/or Kano State government, many of them based on the experiences of the musicians. For example Adam Zango’s “Oyoyo” critiques the government of Kano State for imprisoning him.  See, for example, Abdulaziz A. Abdulaziz’s analysis (published several months before this ban) of said “confrontational” song here.  d’an Ibro’s “Sankarau” similarly uses metaphoric language to skewer the Kano State government for imprisoning him. In a conversation I had with Nazir Hausawa about his song “Girgiza Kai” back in February, he explained to me that his purpose in the song was to point out the hypocrisy of critics by juxtaposing the “work” musicians are doing with “real social ills.” Particularly interesting is his use of the proverb at the very beginning of his song: Mai dokar bacci, ya bige da gyangyed’i. The one who says sleep is against the law is the one nodding off…….

I might add to this that it is fascinating that Justice Mukhtar Ahmed is responsible for proclaiming bans on these political songs in Kano State, when he was only a few months ago found by Kano State Attorney General Barrister Aliyu Umar to have not followed “due process” in the trial of filmmaker and former gubernatorial candidate Hamisu Lamido Iyan Tama. I quote again from Adbulaziz A. Abdulaziz’s 12 March 2009 article in Leadership:

The Kano State Attorney General and Commissioner of Justice, Barrister Aliyu Umar, has cast aspersions on a Senior Magistrate, Muhtari Ahmad, for convicting a renowned filmmaker, Alhaji Hamisu Lamido Iyan-Tama, saying due process was not followed in the trial that led to the sentence of the movie practitioner.

The AG told a Kano State high court presided over by Justice Tani Umar and Justice Soron Dinki yesterday that the magistrate rushed to deliver the judgement before completing hearing on the case brought before him in which Iyan-Tama was accused of violating Kano State censorship laws.

The senior state counsel, who led a delegation consisting of the Director of Public Prosecution, Barrister Shu’aibu Sule, and the Assistant Director, Binta Ahmed, literally stripped the judge naked in the marketplace. He said the trial was “improper”, “incomplete”, a “mistake” and requires retrial before a more “competent magistrate”.

“I am not in support of the conviction in this trial”, said the attorney-general, “It is obvious that the trial was not completed before judgement was delivered but there and then the presiding magistrate went ahead and delivered a judgement”, he added.

The fact that musicians see their music as a form of “self-defence” is also interesting to me because I also just read in an article “Islamization of the Mass Media” published by Dr. Bala Abdullahi Muhammad, the Director General of A Daidaita Sahu (The Societal Reorientation Board) in the Bayero Beacon (May 2009, p. 28), that the Quran says “God does not like any evil to be mentioned openly, unless it be by him who has been wronged thereby” (S4:158).  Another article in this issue of the Bayero Beacon ,”Journalism in Islam” by Idris Zakariya (p. 19), quotes another verse: “God does not love the public utterance of hurtful speech, unless one has been wronged and God is hearing, knowing… (S 44:148-149).” Now I am certainly no Islamic scholar and I would welcome readers who are to enlighten me on the contextual meaning of these short verses, but it would seem to me that these songs (and indeed others by musicians talking about censorship laws which directly affect them) are speaking publically about events which they have been “wronged by.” [If I am taking these verses out of context, please correct me.] In this way, the statement by the mobile court judge is right on at least one thing. The songs are “confrontational.” But is confrontation wrong in every situation? And if the problem is obscenity, why is not the “Zagin A. Zango” by K-Boys included (perhaps it is and the name is different?)? In this song, the K-boys attack Adam Zango (whose song “Oyoyo” was on the list), calling him a bastard, d’an daudu, and other names. It is certainly one of the most “obscene” and slanderous Hausa songs I’ve heard. And it is not as if it has not recieved publicity either, as it was featured in Fim Magazine in November or December of last year.

Also, I’m certainly no legal scholar, but could anyone who knows the answer to this question let me know in the “comments section”: Is it actually legal to ban listening to something in the privacy of one’s own home, as long as one does not distribute or sell it? Constitutionally or under shari’a law?

The question arises, because I was just this weekend reading an article on the developments of the hisba in Kano state “The Search for Security in Muslim Northern Nigeria” by Murray Last and published in Africa 78 (1) 2008 (p.41-62). A few paragraphs from the article [all bold emphasis is mine]:

Only three  domains are seriously affected [by hisba sharia enforcers]: women in public (their dress, their proximity to unrelated men–in conversation, for example, or in public transport); alcohol and non-military music and singing. This last affects praise singing at weddings for example (where dancing may also occur), or at sports  such as boxing or wrestling, as well as songs used for spirit possession whether done in ‘play’ or in divination and diagnosis.  Technically no shari’a enforcer can enter a private house, nor can he act upon suspicion or rumour. (p. 51)

[…]

The Hausa text which is widely distributed in the shari’a states to explain the rules governing hisba goes back to 1788 AD, well before there was public transport to worry about. The text is a short book written originally in Arabic by ‘Abdullahi dan Fodio, the younger brother of Shaikh ‘Uthman dan Fodio, before their great jihad was successful. He wrote it, it seems, in Zamfara where the Shaikh was successfully preaching and teaching; as a result, new Muslim communities were setting up properly Islamic administrations there. Once the Caliphate was established, some twenty years later, so too was the institution of hisba: we know the name of the first muhtasib, the judge responsible for enforcing proper observance of shari’a in public spaces, but nothing of his actual work is recorded. It was clearly different from the ‘police’ (shurta) and from the role of gaoler (yari). But eyewitness accounts from visitors to Kano and Sokoto in the 1820s suggest that the muhtasib overlooked much improper behaviour taking place in areas of town where transport workers and off-duty servants or slaves found their relaxation. There is no suggestion there was a public hisba force out on the streets day or night looking for miscreants. Instead it was, I suspect, retainers from the major political houses who acted as peacekeepers in town as, when and where required.

I am posing these observations as questions because I actually would like feedback from Islamic and legal scholars who are better versed in the interpretation of Islam and of Nigerian constitutional law than I am. I think a conversation in the comments section of this post could prove quite fruitful.