Tag Archives: law

Governor Ibrahim Shekarau on Hisbah, censorship, and Kannywood in the Presidential Debates

For those who did not see the Nigerian Presidential Debates, between General Muhammadu Buhari, Nuhu Ribadu, and Governor Ibrahim Shekarau, you can watch the debates online, here:

I have transcribed the questions Governor Shekarau was asked regarding the hisbah, censorship, and Kannywood during the debates. Emphasis in red mine:

Timecode: 42:56

Moderator: Now Malam Shekarau, Nigeria is a plural society and yet in the state that you govern, Kano State, the hisbah, which is the morality police, is known to brutally enforce sharia and in the process sometimes trampling on people’s rights as enshrined in the Nigerian constitution. How do you reconcile this intolerance with your desire to be the leader of a country as diverse as Nigeria.

Shekarau: Thank you very much. In the first place, I do not agree that the hisbah was brutalizing and overriding the constitutional right of our citizens. We did not just wake up and create the hisbah without going through the legislation.  We used the same constitutional provision that allowed any state to create any policy, any program, any law that will maintain law and order within the state. The hisbah is no more than what today you call community policing. We have the hisbah in virtually every community. Their duty is to ensure there is peace, there is law abiding, and this is exactly what they do. It is those who violate the rules of the land, and we did challenge anyone, whoever thinks that the hisbah has done anything to him contrary to the rules and regulations that rule the land to take his case to the law courts and challenge the creation of the hisbah. So we didn’t just by the wave of a hand create the hisbah, it went through the legislation. There was law promulgated. In fact, the first item on the law of the hisbah is that the hisbah is to assist the Nigerian police in the maintenance of law and order.  (Clapping)

Moderator: Now, you say that but in practical terms the impact of the hisbah in Kano has included killing a film industry that was providing employment, what is known in Nigeria as Kannywood. So there has been an exodus of filmmakers out of Kano, who get harassed when they are on shoots, who have been asked to submit their scripts for inspection, and a total disregard of the people’s rights to express themselves through art in that particular way.

Shekarau: No, I think that is totally wrong. The hisbah has nothing to do with the censorship. We have a full fledged censorship board, created by law through the legislation. And the censorship board has created rules and regulations that govern the conduct of any film industry. We have a right to decide what is right for the community. The government has the moral responsibility to protect the right, the interest, the instant transformation (?) of the society. (Clapping). So all we did, all we did, we said, if you want to register and run a film industry, you should comply with A,B, C, D, F, and we told anybody who feels any of these rules and regulations contradicts the provision of the  constitution of  the Federal Republic of Nigeria should challenge us in court, and nobody has done that anyhow.

Moderator: You seem to be very strong in terms of protecting the rights of the majority. What about the rights of the minority inside the state that you govern.

Shekarau: We are protecting. In fact it may interest you to know that Kano state today is the most peaceful state in Nigeria. If you ask any of the so-called minority or non-indigene, they are quite happy, they are quite peaceful. In fact, today, you will be surprised to find that those you call non-indigenes or even the non-Muslim prefer to go for settlement of disagreement within the community either to the hisbah court or to the censorship board. We don’t have any problem at all. The rules are working. The society has accepted it. The film industry is thriving very well. All we say is abide by the rules and regulations. And there is no community that will live without guiding principles, without rules and regulations and will think that there will be discipline and order in that community.

Although I thought the most impressive performance in the debate came from the moderator, Kadaria Ahmed, who had no qualms with interrupting these “big men” with hardtalk style questions (and would gladly vote her for president if I had a vote), from the feedback I saw on Facebook and Twitter, the majority opinion seemed to be that Governor Shekarau “won” the debate. He did speak eloquently and seemed well-prepared.

However, in terms of his response to the questions above, one might want to keep in mind a few things, and I will focus here only on what I know about the government’s interaction with the film industry, and leave aside the question about the hisbah, whom I’ve heard praised for their intervention in police corruption as well as railed against for alleged “abuses”.

Shekarau claimed :

“we told anybody who feels any of these rules and regulations contradicts the provision of the  constitution of  the Federal Republic of Nigeria should challenge us in court, and nobody has done that anyhow.”

And

“We don’t have any problem at all. The rules are working. The society has accepted it. The film industry is thriving very well.

From my observations of the interaction between the Kano State Censorship Board and the Hausa film industry based in Kano (and, most recently, in Kaduna) for the past three years, these statements, especially the claim that there has been no legal challenge to censorship implementation, are a bit disingenuous. Below find copied a list of blog posts I have written since 2009 on legal challenges that have been made either to the Kano State government, the Kano State Censorship Board, the Kano State police, and or the head of the censor’s board in his personal capacity.

Here are just a few examples.

On 12 February 2009, I posted an interview with Sani Muazu, President of the Motion Pictures Practitioners Association of Nigeria, about the various lawsuits against the Kano Censor’s Board that MOPPAN was involved in. He told me:

Well, you know, we started this whole process of going to court with our case on Hafsah when it was arrested in the market, and we challenged the authority of the Kano Censors Board to do so. We have since then initiated another suit against the Kano Censors Board, as a national body, that is MOPPAN, challenging the legality of the board as well as bringing out the issues to do with conflict between the National Film and Video Censors Board and the state Censor’s Board as enacted by the state assembly. It is interesting that ever since we did that, we expected the Kano State censors board to allow status quo to remain until when these issues were clearly explained by the legal authorities. But the state censor’s board has gone on to arrest our members indiscriminately without any cogent reasons.

On 16 February 2009, I posted another interview with Dr. Ahmad Sarari, the then Vice-President of MOPPAN and brother of the filmmaker Hamisu Lamido Iyan Tama. Iyan Tama was at that time in Kano’s Goron Dutse Prison after being sentenced in a mobile court for supposedly illegally selling his Zuma-film festival award winning film in Kano. (Iyan Tama has since been cleared of all charges). In addition to my questions about his brother’s case, which you can read by clicking on the link, Dr. Sarari also spoke about the court cases MOPPAN was involved in:

What principally we needed was an injunction restraining Kano State Censors Board from attacking, harassing, humiliating and imprisoning our members. We dragged four bodies to the court.  One is National Film and Video Censor’s Board for issuing a license to our members which gives them the right to exhibit, to sell, and show their films throughout Nigeria, yet a particular state attacks or arrests them for doing that, and they have not come out and said anything. Is the registration they issue our members fake or does it not have jurisdiction in Kano? So here I’m saying there’s a clash between the national and the state jurisdiction of two boards. What we understand in accordance with discussion with our lawyers is that when there is a clash between state and federal law, the federal law takes precedence, so does the interpretation of that in the court. We dragged the Kano State Censors Board to court for its action. We dragged the DG of the Kano State Censor’s Board for the guidelines he issued out which we believe are quite unconstitutional. They contradict some fundamental human rights because the guidelines are too stringent and are quite unbearable. And we dragged the speaker, Kano State House of Assembly for allowing the section of the law establishing the board which contradicts national law. We need them to review the law. We have to look at the laws establishing the board because most of them contradict national laws.  That’s why we dragged the four of them to the court.

The case was going fine in the court. We brought our evidence. They said we had to exclude the DG of the censor’s board out of the case. Our lawyer vehemently defended that he had to be in. They said we had to include the Kano State government. We said we sued Censor’s Board and the state house of assembly, because the state assembly are the lawmakers, so Kano State Government is automatically included in the case. He slated 26 of October for the final ruling of the case, and unfortunately [Sarari laughs]… there was this strike [of court workers]. They just resumed this month. So we are just urging our lawyer to find which date are they going to give, and we are very much hoping that the ruling is going to go in our favour.

On 27 March 2009, I sat in on a case in which the Federal High Court struck down the objections filed by the Kano State Censorship Board to MOPPAN’s lawsuit.

The last I checked, this lawsuit is still in the courts, two years later.

There have been other lawsuits, such as the one posted by Iyan Tama in a personal capacity over alleged defamation of character by Abubakar Rabo Abdulkareem, the Head of the Kano Censor’s Board on DITV, Kaduna. The case was settled out of court.

On July 21, 2010, I reported that a lawsuit was filed at a Kaduna State high court:

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.”

The Kaduna lawsuit was filed after Kano State Police were sent to arrest the above named filmmakers on an accusation that they had supposedly sent the DG of the Kano State Censor’s Board, Abubakar Rabo Abdulkareem, a death threat by text message. Aliyu Gora II, the editor of FIM Magazine, was the only one the police were able to find, and he spent nearly a week without trial in Kano’s Goron Dutse prison, after being transported by police from Kaduna to Kano. The suit was the latest in a series of lawsuits following Rabo’s alleged defamation of the Hausa film industry on DITV Kaduna.

Other Posts, in chronological order, that may be of interest in learning about the relationship between the Kano State Censorship Board and the Hausa film industry:

On the Current Censorship Crisis in Kano, posted13 January 2009

Kano State High Court Chief Justice Postpones Iyan-Tama’s Appeal posted 22 January 2009

2:15am Raid on Iyan-Tama’s Family posted 23 January 2009

Iyan-Tama’s Case Not Listed posted 26 January 2009

Triumph/Trust Editorial Convergences posted 29 January 2009

Interviews with Alhaji Abubakar Rabo Abdulkarim, Director General of the Kano State Censorship Board, and Dr. Ahmad Sarari, Vice President of the Motion Pictures Practitioners Assocation of Nigeria posted 30 January 2009

The Mysterious Asabe Murtala/Muktar Writes Again posted 10 February 2009

Interview with Sani Mu’azu, President of Motion Pictures Practitioner’s Association of Nigeria (MOPPAN) posted 12 February 2009

Interview with Alhaji Abubakar Rabo Abdulkarim, Director General of the Kano State Censorship Board posted 13 February 2009

A Surprising Move by MOPPAN, and my friend Sulaiman Abubakar (MPEG) arrested on Tuesday posted 15 February 2009

Interview with Dr. Ahmad Sarari, Vice President of MOPPAN and brother of Iyan-Tama posted  16 February 2009

More Arrests along Zoo Road yesterday, and my article on Iyan Tama makes IPS front Page posted 17 February 2009

Update on the Iyan-Tama Case: Bail Hearing set for 5 March posted 19 February 2009

Updates on the Iyan-Tama case and other articles on the crisis in Kannywoodposted 14 March 2009

Iyan-Tama granted bail, The Judge calls for a new Trial posted 17 March 2009

Raids on a film set last weekend and other developments in “Kano State Censor’s Board vs. Kannywood” posted 24 March 2009

Federal High Court strikes down Kano State Censorship Board’s objections; MOPPAN’s Lawsuit will go on posted 27 March 2009

Mobile Court bans listening to 11 Hausa songs posted 8 June 2009

Recent news on the activities of the Director General of the Kano State Censorship Board posted 24 June 2009

Arrest of singer Aminu Ala and the most recent scuffle of MOPPAN with the Kano State Censorship Board posted 6 July 2009

Breaking News: Singer Ala denied bail posted 7 July 2009

My notes on the court case of Aminu Ala today at the Mobile court attached to the Kano State Censorship Board posted 7 July 2009

Aminu Ala given bail on condition that he does not speak with media posted 10 July 2009

DG of Kano Censor’s Board taken before shari’a court posted 5 August 2009

The latest on the Iyan-Tama case from Nigerian News Service, plus new fees from the National Film and Video Censor’s Board posted 2 October 2009

Kano State Censorship Board shuts down Kano Music Festival hosted at Alliance Francaise, Kano posted 28 February 2010

Update: 3-day international music festival cancelled by Kano State Censor’s Board posted 1 March 2010

French Ambassador rejects the conditions of KS Censorship board for lifting ban on music festival, Punch reports posted 3 March 2010

Arresting the Music. Arresting Hope. Arrested for playing at a wedding “without permission” posted 11 March 2010

Interview with Hiphop artist Ziriums in this week’s Aminiya posted 18 April 2010

FIM Magazine Editor Arrested on accusation of Abubakar Rabo Abdulkarim, DG of Kano State Censorshop Board posted 4 July 2010

Kaduna State Filmmakers Association take Kano State Police, Court, and DG of Kano Censor’s Board to Court over breach of “fundamental Human Rights”posted 21 July 2010

Iyan Tama takes Rabo to Court for Defamation, and Other Lawsuits posted 18 August 2010

DG of Kano Censors Board Caught in Alleged Sex Scandal with Minor, Sunday Trust Reports, posted 29 August 2010

Press Release from the Motion Pictures Practitioner Association of Nigerian (MOPPAN) Calling for Investigations into the “allegations of  Sex Scandal against Abubakar Rabo,” posted on 31 August 2010

The Latest on the Iyan Tama Case from Nigerian News Service, plus new fees from the National Film and Video Censor’s Board, posted 2 October 2010

Iyan Tama Reaches Settlement with Director General of the Kano State Censorship Board, posted on 17 October 2010.

Iyan Tama reaches settlement with Director General of the Kano State Censorship Board

In breaking news, the Hausa director and former gubernatorial candidate, Hamisu Lamido Iyan Tama has dropped his lawsuit for defamation against Abubakar Rabo Abdulkarim, the Director General of the Kano State Censorship Board in exchange for the board’s dropping of charges against him in a case that has dragged on for almost two years.

Iyan Tama at court in Kaduna, July 2010. (c) Carmen McCain

Iyan Tama called me this afternoon to make sure I had read today’s article by Ruqayyah Yusuf Aliyu in the Sunday Trust, “My stay in prison was a blessing -Iyantama,” and he wanted me to be sure that I pointed out that although he had been asked about being “convicted months in prison” that he had never been actually convicted. Although the mobile court magistrate judge Mukhtar Ahmad had sentenced him to three months in prison and Iyan Tama had served that time, he had appealed the conviction and, although delayed multiple times, the appeal was heard and upheld. The attorney general of Kano state, according to Leadership reporter Abdulaziz A. Abdulaziz:

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 judge called for a retrial. Again according to Abdulaziz A. Abdulaziz in Leadership (unfortunately Leadership has taken down the links to its archives, but I have it quoted here on my blog). Iyan Tama went to a Kaduna appeal court to appeal the retrial, since he had already served three months in prison, and there had been multiple delays. The case was still in court until apparently this week when he reached a settlement with the Kano State Censorship Board, during a hearing for his lawsuit against the Director General of the Kano State Censorship Board, Abubakar Rabo Abdulakarim, for alleged defamation during an interview with DITV in Kano, in which Rabo apparently claimed Iyan Tama had not registered his company with the appropriate bodies. According to Abdulrahmane Tonga reporting for Leadership,

The DG was dragged before the court by Iyan-Tama, who alleged that he had defamed his character in a television interview he granted DITV Kaduna earlier this year, when he allegedly stated that Iyan-Tama Multimedia was not formally registered as a moviemaking business enterprise.

Tonga continues with details of the continued court case, including that Rabo, who had previously refused court summons to lawsuits in Kaduna, finally showed up:

The court had sat twice without Rabo, before it subpoenaed him to appear in person after a request from the plaintiff’s counsel, Barrister Muhammad Sani Katu of solicitors Mamman Nasir and Co.

Rabo, who appeared to be limping yesterday, arrived the court at 9:05 a.m. in a Toyota bus belonging to the Kano State Ministry of Justice. He was accompanied by two state counsel, Rabi Waya and Sanusi Ma’aji, as well as the chairman of the censorship board, Malam Rabi’u.

He had never answered a court’s summons in the many legal cases filed against him by various movie practitioners in Kano and Kaduna during the past three years since he was appointed by Governor Shekarau to sanitise the film industry.

For more details of the “hot words” exchanged between the lawyers of the two parties, read the rest of Tonga’s article.

Iyan-Tama with Kano State lawyer Barrister Rabi Suleiman Waya, and Iyan-Tama's lawyer Barrister Sani Muhammad Katu outside of a Kaduna court, July 2010(c)Carmen McCain

According to the interview with Ruqayyah Yusuf Aliyu in today’s Sunday Trust, Iyan Tama said that

The resolution was reached as a result of consultations between my lawyers and that of Rabo where some terms were agreed upon. After we filed the case before a Kaduna High court over alleged defamation, claiming N10 million damages and Rabo failed to appear during the first two sittings saying his security needed to be guaranteed, my lawyer prayed to the court that it was important the defendant appeared and the court granted the plea by way of ordering that Rabo appeared while it guaranteed his security. […] My lawyer insisted that if I will have to withdraw the case, the censorship board will also have to withdraw its case against me which has been pending for quite a while at a Kano magistrate court.

According to Iyan Tama, the terms of settlement were as follows:

The first was that my company, Iyantama Multimedia was registered as a business name [… with] a certificate of registration KN/0010927 dated the 16th day of December 1997. The second term was that the defendant’s statement that led to the suit was based on a search report made at the corporate Affairs Commission for a limited liability company, and thirdly, that the parties in the suit have in pursuance of the pre-trial conference conducted on the 28th day of September, 2010 resolved to terminate the suit and the criminal case pending before Chief Magistrate Court 7, Nomans Land between the Kano State Censorship Board and Iyantama with case number KA/CMC/28/08.

Iyan Tama says that he didn’t “get anything as compensation” except for the public acknowledgment that he

was not operating illegally. I am happy that the world now knows that Iyantama has been operating legally since inception in 1997.

Hausa filmmaker and politician Hamisu Lamido Iyan Tama (photo courtesy of Iyan Tama)

Iyan Tama also talked extensively on the events leading to his imprisonment and his experiences in prison.

Being a filmmaker, I was amazed by every single little thing and therefore made friends with other inmates. I was more like a journalist in prison; I carried out series of interviews with the inmates from which I was able to gather dozens of ideas from which I am currently working to put into films. […] That is why I said being in prison has turned out to be a blessing to me and I never regretted it.

I was not able to find a link to the Sunday Trust article online, but I have scanned in a photo of the article on flickr. If you click on the photo below, it will take you to a version large enough to read onscreen.

"My stay in prison was a blessing--Iyantama" interview with Ruqayyah Yusuf Aliyu in the Sunday Trust, 17 October 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Iyan Tama case has been one of the ones I have followed most closely on this blog, since he was imprisoned at the end of December 2008. For a list of articles and posts I have written related to the case, see the following links:

On the Current Censorship Crisis in Kano, Nigeria, 13 January 2009

Kano State High Court Justice Postpones Iyan-Tama’s Appeal, 22 January 2009

2:15am Raid on Iyan-Tama’s Family, 23 January 2009

Iyan Tama’s case “not listed,” 26 January 2009

Triumph/Trust Editorial Convergences (a piece that looks at editorials written about Iyan Tama that claim that his company was not registered with CAC), 29 January 2009

The Mysterious Asabe Murtala/Mukhtar Writes Again (more on the editorial convergences), 10 February 2009

Interview with Alhaji Abubakar Rabo Abdulkarim, Director General of the Kano State Censorship Board (in which he discusses the Iyan Tama case), 13 February 2009

Interview with Dr. Ahmad Sarari, Vice President of MOPPAN and brother of Iyan-Tama,  16 February 2009

Award Winning Film Lands Director in Jail, 16 February 2009, IPS News

Update on the Iyan Tama Case: Bail Hearing Set for 5 March, 19 February 2009

Updates on the Iyan Tama Case and other articles on the crisis in Kannywood, 14 March 2009

Iyan Tama granted Bail, the judge calls for a new trial, 17 March 2009

The Latest on the Iyan Tama Case from the Nigerian News Service, plus new fees from the National Film and Video Censor’s Board, 2 October 2009

FIM Magazine Editor Arrested on the Accusation of Abubakar Rabo Abdulkarim, DG of the Kano State Censor’s Board, 4 July 2010

Kaduna State Filmmakers Association take Kano State Police, Court, and DG of Kano Censor’s Board to court of breach of “fundamental Human Rights,” 21 July 2010

Iyan Tama Takes Rabo to court over defamation, and other lawsuits, 18 August 2010

DG of Kano Censors Board Rabo caught in alleged sex scandal with Minor, Sunday Trust reports

 

Alhaji Abubakar Rabo Abdulkarim, DG of the Kano Censor's Board, at a conference on indigenous language literature in Damagaram, Niger, December 2009 (c) CM

 

Today’s Sunday Trust reports that Alhaji Abubakar Rabo Abdulkarim, the director general of the Kano State Censorship Board, was allegedly caught last Sunday, 22 August 2010, in a compromising sexual situation with a minor and has since left the country for Saudi Arabia. According to Ruqayyah Yusuf Aliyu in Sunday Trust:

The Director General, Kano State Censorship Board, Malam Abubakar Rabo Abdulkarim has been allegedly caught in a sex scandal involving a minor, following an alleged incident along Maiduguri Road in Kano metropolis last Sunday, August 22.Reports indicate that Rabo was allegedly with the girl in his car late in the night when a police patrol approached. He panicked and fled on high speed, eventually knocking down a motorcyclist around the Na’ibawa area. He was allegedly apprehended by a mob that vandalized his car before the police intervened.

The police took him to Hotoro Division where it was discovered he was a top government official. He was then released on bail.

A police source informed Sunday Trust that some incriminating evidence pointing at a possible sexual relationship between Rabo and the girl was found in his car. “When the car was searched, the police found the girl’s pant but you know, when such issues involve big people in town, it dies a natural death but he was actually arrested for alleged sex relationship with the girl as well as for hitting a moving bike,” the source said.

Rabo, during interrogation, allegedly told the police that the girl was his niece and he had fled the scene when the police approached because he suspected they might have been thugs sent after him by actors in Kano.

 

"Rabo arrested for sex related offence" Breaking news article by Ruqayyah Yusuf Aliyu on director general of Kano State Censors Board in Sunday Trust, 29 January 2010, p. 31

 

[[UPDATE  30 August 2010:  When I first posted it, I missed that there was actually another article posted on 29 August 2010 by Edwin Olofu, “Censorship Chief Escaped Lynching for soliciting sex from Minor” for NEXT. There are another two articles in today’s Leadership and on the Nigerian New’s Service.

Edwin Olofu of NEXT provides more details, including that apparently the motorcyclist Rabo knocked over was a member of the Kano State History and Culture Bureau and that Rabo was allegedly parked behind a shopping complex with the girl, he claimed was his neice:

Mr. Abdulkarim, the former Hisbah commander was trying to escape from a patrol team which had accosted him when they saw his car parked in a secluded environment – with a young girl inside – when he ran into a motorcyclist. Other members of the Okada union quickly surrounded him and he was only saved a lynching by the police who had been in pursuit of his car.

[…]

Mr Abdulkarim, who insisted that the girl he was found with was his niece, said he was not having an affair with her. But when the former enforcer of Sharia law discovered he could not convince the contingent of policemen on night patrol on the propriety of having an under-aged girl in his car at such an odd hour, he panicked. The whole thing looked even more suspicious because for some curious reason he had parked behind a shopping complex along Maiduguri Road that night.

A police source said when the patrol team attempted to arrest Mr Abdulkarim he took flight in his car.

Double trouble

While trying to escape however, he knocked down an official of the Kano History and Culture Bureau who was riding on a motorcycle. This incurred the wrath of Okada riders, who thought that he had knocked down a member of their union and promptly proceeded to give him a thorough beating.

Ironically, it was the patrol team that he had been trying to avoid that finally came to his rescue, although by then the okada riders, who saw he had a girl with him, had damaged the car and were already on the verge of beating him to death.

He was later taken to the Hotoro police division where he was made to write down a statement.

 

"Kano Chief Censor in Alleged Child Abuse Scandal" by Abdulaziz Abdulaziz in Leadership, 30 August 2010. p. 2

 

Leadership’s Abdulaziz A. Abdulaziz in  “Kano Chief Censor caught in alleged child abuse scandal” also writes on the event, including the detail that the police supposedly used their sirens while chasing him through Kano:

The Director-General of Kano State Censors Board, Malam Abubakar Rabo Abdulkareem, is enmeshed in a case of an alleged illicit sexual affair involving a minor whom he allegedly abused.

Though it is unclear whether the chief censor had actually penetrated the girl or not, investigations by LEADERSHIP revealed that he was trailed penultimate Sunday in Kano by patrolling policemen who saw a car parked around a bushy area along Maiduguri road by Rukayya House, in Kano around 10 p.m.

The police on patrol beamed their vehicle’s light on the parked car and the DG, who was in the car, started the car and zoomed off to escape the approaching vehicle. LEADERSHIP learnt that the police used the siren of their vehicle to alert the DG that they were trailing him but he refused to stop, engaging the police in a car race.

Rabo raced frantically through the Eastern by-pass road and through Unguwa Uku quarters with the police trailing him. This led him to ram into a motorcyclist around Unguwa Uku Shago Tara. He, however, forged ahead accelerating the vehicle.

It was learnt that the motorcyclist he ran into was wounded, as a result of which some other commercial motorcyclists joined the police in trailing the director general. They subsequently caught up with him around Filin Kashu area of Unguwa Uku.

The angry mob of motorcyclists began to beat the DG, while some aimed at the car, causing serious damages to it, before the arrival of the police who dispersed the people and arrested the driver, who turned out to be Rabo.

The director general was then taken to the Hotoro Police Station where he identified himself. On searching the car, according to a LEADERSHIP source, a young girl was found in the car, and a pant, suspected to be the girl’s. Rabo claimed that the girl was his cousin and he was coming from his family house. He was released at the time.

[…]

He also appealed to the journalists to let the matter die as exposing it amounts to ridiculing Islam.

Rabo’s argument, according to a clip of an interview with him obtained by LEADERSHIP, was that the whole drama was a set up to blackmail him by PDP stalwarts in the state who had been looking for a way to eliminate him. He said those people had been meeting for about three weeks at Shagari quarters, on how to nail him.]]

Readers may remember that Rabo, was appointed to his current position at the censorship board in 2007 where he cracked down heavily on the Hausa film, literature, and music industry, after a scandal involving a private cell phone video of a Hausa actress, popularly known as Hiyana (after her most successful film) having sex with a lover. He has long made statements of concern about the effect of Hausa films on minors, women, and Hausa culture. In the interview I conducted with him in February 2009, for example, he pointed out the reason that women in the film industry have to have permissions of their guardians to act:

A freelancer in the industry who can be a lyricist, a musician, especially the womenfolk by our culture, by our tradition, by our religion, has to be under the custody of her parents or guardian, because of what we call historical factor. They were abused. There were [cases of] domination. There were a lot of sexual abuse cases to be handled by the board. That historical factor, that nasty experience made the board to assume the social responsibility to ensure the dignity of the womenfolk is to protected in this act. So this is why we say she will be brought to us as somebody certified by her guardian, you understand, so that if we absolve her, nobody will see her as a prostitute or a harlot because they have been passing all these nasty allegations by the larger society, and we can’t stand for her even in a court of law if somebody abused her by saying she is a harlot.  [….] I am referring to teenagers, 13, 14, 15 year old girls in her puberty period, during her youthfulness, during her maybe promiscuous  period, people will harass her. Some of the stakeholders who are her seniors will harass her or rather will force her into forced sexual whatever, you understand. We are responsible, the government is responsible to ensure things are not done in an exploitive way sexually.

In a Sunday Trust article from 16 February 2010 “Kano Film Censor’s Board shuts 15 Shops” Rabo is quoted as saying films on the history of history of the Prophet Yusuf were of danger to

“under aged children who can easily be influenced are also involved in hawking such films along the streets without knowing the implications. He also said the ban was as well in the interest of potential customers who might not get to these children even if they found the films were bad.”:

[[UPDATE 31 August 2010: And in a piece written by Rabo and published on the Kano State Censors Board site, he further voices his concern on the “corrosive influence” of Hausa films on children:

Is civilisation synonymous with decadence? Is obscenity a buzzword for freedom? When there is freedom of expression (which covers the right to produce and circulate works of art, films and literature), does it take away the responsibility of parents and guardians to safeguard their wards and sheen them from corrosive visual influences? What gadgets or navigational instruments are at the disposal of these overwhelmed parents in the face of rapidly transforming technology of mass production and ease of viewing? The advent of video technology brought with it urgencies and tough challenges. In the past, you could physically prevent young boys and girls from going to watch a film at the cinema hall if you feared they would be exposed to immorality. With video technology the devil has been piped into the home and corruption is only a click away. Kano is a conservative Muslim Hausa society whose people are comfortable with their religion and cultural heritage. I say conservative because Kano people would love to sieve the impurities from the values being transmitted by the newest art forms.]]

Rabo is currently embroiled in several court cases, including one in which a court in Kaduna issued a warrant for his arrest for contempt of court when he refused to appear in court after a court summons in a case in which he was accused of slander. Following his arrest warrant he accused Hausa filmmakers of sending him death threats by text message (similar to his protest here that he was fleeing the police because he thought they were filmmakers). Kano State police traveled to Kaduna, where they arrested Fim Magazine editor Aliyu Gora II, and kept him in prison for nearly a week without appearing before a judge. The Kano State police were later fined N100,000 by a Kaduna High Court for not following due process.

Rabo is not the only one who has allegedly recieved death threats. Ibrahim Sheme reported on 14 August 2008 that Leadership editor in chief Sam Nda-Isaiah recieved a death threat over the paper’s coverage of the activities of the Kano State Censorship Board.

The zealousness of the police in the case of Gora, against whom no evidence could be found in the near week that he was held in prison, is particularly ironic, considering that Rabo, who was apparently witnessed by dozens of police and okada riders in a compromising situation with a minor, as well as a hit-and-run incident, was allowed to board a plane for Saudi Arabia the next day. (Considering that, according to NEXT, Rabo was given a “thorough beating” following the hit-and-run incident, it must have been a very uncomfortable trip.)

 

Hausa filmmakers on location gather around to read the Sunday Trust article "Rabo arrested for alleged sex related offence" (c) CM

 

I will post more updates on this case, as they become available. In the meantime, here are other relevant posts from this blog that provide information on the director general of the censor’s board.

Iyan Tama takes Rabo to Court for defamation posted on 18 August 2010

Kaduna State Filmmakers Association take Kano state Police, Court, and DG of Kano Censor’s Board to court over breach of fundamental human rights posted on  21 July 2010.

FIM Magazine editor arrested on the accusation of Abubakar Rabo Abdulkarim, DG of the Kano State Censorship Board posted on 4 July 2010.

Plagiarism of Me and the DG of the Kano State Censor’s Board Speaks out posted on 22 May 2010

Update: 3 Day international Music Festival cancelled by Kano State Censor’s Board posted on 1 March 2010

Kano State Censor’s Board bans films on the history of Islam and the prophets and shuts down 15 shops posted on 16 February 2010

DG of Kano State Censor’s Board taken before shari’a court posted on 5 August 2009

Arrest of singer Aminu Ala and the most recent scuffle of MOPPAN with the Kano State Censorship Board posted on 6 July 2009

Recent news on the activities of the Director General of the Kano State Censorship Board posted on 24 June 2009

Federal Court Strikes Down Kano State Censorship Board’s Objections; MOPPAN’s Lawsuit will go on posted on 27 March 2009

Raids on a Film Set last weekend and other developments in “Kano State Censor’s Board vs Kannywood” posted on 24 March 2009

Updates on the Iyan-Tama Case and other articles on the crisis in Kannywood posted on 14 March 2009

Interview with Dr. Ahmad Sarari, Vice President of MOPPAN and brother of Iyan Tama posted on 16 February 2009

Surprising move by MOPPAN and my friend Sulaiman arrested on Tuesday posted on 15 February 2009

Interview with Alhaji Abubakar Rabo Abdulkarim, Director General of the Kano State Censorship Board posted on 13 February 2009

Interview with Sani Muazu, president of the Motion Pictures Practitioners Association of Nigeria posted on 12 February 2009

The Mysterious Asabe Murtala/Mukhtar Writes again posted on 10 February 2009

Interviews with Alhaji Abubakar Rabo Abdulkarim, Director General of the Kano State Censorship Board and Dr. Ahmad Sarari, Vice President of the Motion Picture’s Practitioner’s Association of Nigeria posted on 30 January 2009

On the Current Censorship Crisis in Kano Nigeria posted on 13 January 2009

FIM Magazine Editor Arrested on accusation of Abubakar Rabo Abdulkarim, DG of Kano State Censorship Board

Abubakar Rabo Abdulkarim, DG of the Kano State Censor's Board at a Hausa writers conference in Damagaram, Niger, December 2009

In yet another bizarre twist in the Kano State Censors Board vs. Kannywood saga, the editor of Fim Magazine, Malam Aliyu Abdullahi Gora II, has been arrested following a complaint by the head of the Kano State Censorship Board, Abubakar Rabo Abdulkarim, that he suspected the editor and other Kannywood stakeholders of having sent him death threats by text message. According to Ali Alkali and Abdulaziz A. Abdulaziz in their article “Editor Remanded Over Alleged Threat to Life” and Ibrahim Sheme in “Shekarau’s Hausa Movie Script” in Leadership newspaper, the police apparently came to Kaduna from Kano on Thursday, 1 July 2010, and bundled Gora into a taxi to Kano. When a judge claimed she was unable to come to court, Gora remained in prison over the weekend awaiting Monday, 5 July 2010, when he will hopefully be able to appeal for bail. [[[UPDATE MONDAY, 5 JULY 2010: One of my friends just called and told me Gora went to court today, and Magistrate Halima Nasiru said that he could be released on bail with the following condition: The person who posts bail for him, the assurity, must be a level 17 Civil servant from KANO, or alternatively a KANO businessman with a business registered with the KANO government. Remember that Gora is from Kaduna, where he lives and works, and that it will be much more difficult for him to find someone to post bail for him in Kano. In the meantime, he is approaching his 6th day in prison over a mere accusation.]]]   Moreover, according to Alkali and Abdulaziz other Kannywood figures listed for arrest are:

Yakubu Lere, Abdullahi Sani Kano, Tahir I. Tahir, Tijjani Asase, Yusuf Baban Chinedu, Ashiru Sani Bazanga, Adam A. Zango and Rabi’u Rikadawan (a.k.a. Dila) and Abubakar Sani.

They have obtained a restraining order against arrest from Kaduna High Court.

Rabo had claimed in his petition to the police that he received text messages from two GSM lines in which his life was threatened, fingering the nine industry stakeholders as suspects.

Some of the suspects had earlier sued Rabo in a Kaduna magistrate court over defamation of character and the case is still pending in the court.

This is a story I have meant to post far before this but had not found the time to compile all of the articles together. I will try to do so here, providing a list of links to a timeline of the suits and countersuits between filmmakers and the head of the censors board. In summary, the events just narrated come on the heels of an arrest warrant against Rabo for contempt of court, when he failed twice to appear in the Kaduna court, for which he had received summons. Rabo had been sued by filmmakers for defamation of character following claims he had made on air at Kano independent television station DITV that Kaduna filmmakers were making pornographic films. He also made claims during the DITV interview that Hausa film director and producer Iyan-Tama had not registered his company Iyan-Tama Multimedia. Following the order for his arrest from the Kaduna court, Rabo had obtained a restraining order from a Kano high court, to stop Kaduna police from arresting him.

Readers may remember earlier posts in June, July, and August of last year in which I described how the filmmaker’s association MOPPAN sued Rabo in a shari’a court in Fagge, Kano, for defamation of character on Radio Kano. The September 2009  issue of Fim Magazine described how Rabo failed to show up in court on multiple occasions. (Note that I have provided a link to photos of the pages of the article  in Fim describing the case: page 12, page 13, and page 14). According to Fim Magazine and sources I spoke to in MOPPAN, the state made some structural changes to the Kano State Censors Board, adding directors to provide more oversight of Rabo. Furthermore, Justice Mukhtari Ahmad, who had sent artistes Adam Zango, Iyan-Tama, Rabilu Musa (Ibro), Kaura, Aminu Ala and Bashir D’andago to prison, in quick trials with many irregularities, was moved to Wudil.  However, MOPPAN was told not to continue the case against Rabo in the shari’a court.

Rabo continued to travel out of state speaking about the need for censorship and perceived abuses of filmmaker’s against the “culture of the Hausa-Fulani.” In May, there was an uproar on the Finafinan Hausa and Dandalin Siyasa yahoo groups, when Rejato, a journalist with Radio Alternative in Niamey, Niger, claimed that Rabo had sent his supporters in Kannywood, Useini Sule Koki, Mohamed Roja, and others to Niamey to ask artistes in Niamey to register with the Kano State Censorship Board. According to Rejato, Rabo offered tohelp Nigerien artists with 10 million naira if they agreed to this arrangement. The Nigeriens responded pointing out that Niger and Nigeria were two different nations and laws in Kano did not apply to them.

In the meantime a riot nearly broke out in Kaduna on 24 May 2010 when Rabo went on DITV radio accusing filmmakers in Kaduna of making pornography.

According Abdulrahmane Tonga in Leadership on 17 May, 2010,

It was only by whiskers  and the quick arrival of  Operation Yaki policemen that saved the Director-General of Kano State  Censorship  Board, Malam Abubakar Rabo Abdukareem, from lynching by angry film makers  in Kaduna.

The incident, which occurred at the premises of Desmims Independent Television (DITV) and Alheri FM Radio on Friday,  created tension and apprehension when Rabo  participated in a live programme  where he was alleged to have made uncomplimentary remarks against Hausa film makers and called on the government and people of Kaduna State to descend on them and stop what he called “their salacious and amoral film making ventures.”

In the programme, Rabo was alleged to have even mocked the Kaduna State government when he said he  bought a pornographic film at Unguwar  Sarki, which the authorities allowed to continue unabated to the detriment of the people and their morals in the state.

In an interview, a member of the Kaduna State Film Makers Association, Alhaji Yakubu Lere, said Rabo’s pronouncement during  the  live programme was inciting, provocative and very uncomplimentary to the film makers in Kaduna State, who are doing a lot to earn a living, saying that  it was what  infuriated them.

“The arrival of Operation Yaki really assisted greatly, because some members of Kaduna Film Makers Association had attempted to go inside the studio and beat up Rabo due to his unguarded utterences against our members,” Lere said.

When the situation had calmed down, Rabo, who looked visibly traumatized, asked Lere and Alhaji Haruna Danjuma (Mutuwa Dole), another veteran dramatist, to escort him out of the station.

“Rabo was escorted out of DITV premises inside  a pick-up van belonging to Operation Yaki and taken straight to his room at Access Hotel, Barnawa, where he checked out without further delay. In fact, he did not waste time in packing his little belongings into his car, and left with the escort of Operation Yaki full of civil defence corps up to the border with Kano State”.

When Leadership contacted him on his GSM phone, Rabo said whatever he said on the TV programme was not against the law, and if anyone has doubt, the recorded programme is still in DITV, that the person  can check it out.

“It’s only an act of overzealousness of some film makers who were angry with what I said. And I have no regret whatsoever for making such remarks,” he said.

Asked whether he really bought a pornographic film in Kaduna, Rabo declined to answer, but said, “In Kano State, we have sanitized the film making industry, and it is very complementary if other states in the country, especially in the North, could take heed from what we have done, in the interest of all people.”

Al-Amin Ciroma reported the story in more detail in Leadership on 18 May 2010, including the responses of the filmmaker’s to Rabo’s accusations:

The DG, Leadership gathered, insinuated among other issues that some nude home videos, popularly known as ‘Blue-films,’ were in circulation in Kaduna metropolis, particularly in Anguwan Sarki ward by the Hausa filmmakers.

Some filmmakers expressed their dismay over what the DG said.

“We don’t know what Rabo want from us? We are Nigerians and have freedom of association and previleges. We were defaced and mutilated in Kano and subjected to all series of humiliation and as law-abiding citizens, we transfered our business back to Kaduna, with mutual understanding between us and the government of the state. Kaduna is a liberal state where sentiment is of no course. We are peacefully doing our business here and yet he is all out to fight us. For Rabo to say that we are producing nude vidoes, I think, he need to visit his psychiatric doctor,”a source within the association told LEADERSHIP.

Commenting on what they called indignity by the filmmakers, the management of the station condemned what the Kannywood practitioners did. Our correspondent authoritatively gathered that the filmmakers convaged in huge numbers into the premises of DITV, located at Sambo Close, GRA, Kaduna, at early hours of Friday, raining abuses on Malam Rabo Abdulkareem, they also threatened to burn down the station.

Salisu Umar, a.k.a Salinga, the presenter, who hosted the DG on his popular programme, “Mu Shakata” revealed that after hosting him on the programme the previous day, he felt that there was need for him to reappear again the next day to clarify some issues. According to him, Abubakar Sani, a popular playback singer, offered to appear with the DG on the programme to counter some allegations, which the presenter approved. He then made same arrangement with Rabo; a request, which the DG agreed. By that arrangement, Umar added, Rabo is to feature alongside the Kannywood singer on the programme. Suprisingly, continued Salinga, the DG called him that he had changed his mind to appear live and suggested that the programme be recorded and aired late. “Not only that, Rabo said, he prefered to record the programme in his hotel room. Without questioning him, I passed the information to Abubakar Sani and he also agreed with the arrangement. Sani, to my surprise, called me again that he has alighted Sani Musa Danja, who is the president of the newly inaugurated Nigerian Artistes In Support of Democracy (NAISOD) to come on the programme with Rabo. [See my earlier post on NAISOD-CM] I called Danja and he stated his readiness to feature alongside the DG, but on condition that the programme be hosted in the studios of DITV and not Rabo’s hotel room. Danja gave me his reasons for not wanting to go to Rabo hotel room, which I reasoned with him. As a mediator, I cajoled the DG to come to our studios, which he agreed after some hesitations. Sani Danja and some of his subjects, Isma’il Na’Abba (Afakallah), Abubakar Sani, Ubale Wanke-Wanke and others came to our office as scheduled to meet Rabo,” said Salinga.

The programme went on well with the guests, according to the presenter, “Unknown to us, some of the filmmakers kept calling their colleagues and before we knew it, our premises were surrounded by them. It took the intervention of security agents to disperse the angry artistes and whisk Malam Rabo and his entourage out of Kaduna.”

Following Rabo’s quick return to Kano, the Kaduna State Filmmakers Association took Rabo to court.  Abdulrahman Tonga reported in Leadership on 1 June, 2010, that:

Members of the Kaduna State Filmmakers Association yesterday dragged the Director-General of Kano State Censorship Board, Malam Abubakar Rabo Abdulkareem, to a magistrate court in Kaduna over alleged criminal defamation of character and inciting the public to violence.

In a complaint charge filed before Chief Magistrate Nasiru Idris Lere of Magistrate Court 1, Ibrahim Taiwo Road, Kaduna, six filmmakers argued that a television interview granted by Rabo to the DITV station in Kaduna a fortnight ago had ridiculed their image and lowered their reputation in the eyes of the public.

Rabo was quoted to have told the TV station in a live broadcast that Hausa moviemakers were now engaged in the production of pornographic films and that the people of Kaduna State should rise against them.

He reportedly claimed to have bought a copy of such pornographic movies in Unguwar Sarki area of Kaduna metropolis.

Describing the censorship board chief’s assertion as false, the plaintiffs said such statement was capable of inciting violence in the state.

“His statement that people should rise against us has made our members to live in constant apprehension for fear of being attacked by the public,” they said.

Rabo’s allegation was contrary to sections 392 and 114 of the penal code, they added.

The complainants consist of executive committee members of the Kaduna filmmakers association. They are: Ashiru Sani Bazanga, Rabi’u Mohammed Rikadawa, Aliyu Abdullahi Gora II, Sulaiman Sha’ani, Aminu Musa Carlos, and Jamilu Adamu.

LEADERSHIP learnt that the court summons, which was endorsed by a magistrate in Kaduna, was received by Rabo yesterday in his office situated within the Kano State-owned City Television in Hotoro, Kano.

The hearing comes up tomorrow in Kaduna.

However, the next day, Rabo did not show up in the Kaduna court claiming that he was “indisposed,” a move echoing his similar absence in Kano courts in August 2009. Samuel Aruwan reported in Leadership on 3 June 2010:

The case of defamation and inciting of public disturbance to violence, brought before Kaduna Magistrate Court by members of the Kaduna State Filmmakers Association against the Director-General of Kano State Censorship Board, Malam Abubakar Rabo Abdulkareem, was yesterday mentioned in the court. The magistrate, Nasiru Idris Lere, ordered that the counsel to the director-general, Mr. Gabriel Didam, must produce the respondent before the court in person.

When the case was mentioned, counsel to the director-general, Gabriel Didam, told the court that his client could not appear in court in person as a result of being indisposed, a plea the filmmakers’ counsel, Mr.A.S. Suleiman in his argument consented to the respondent’s prayer. The judge adjourned the case to June 10, 2010 with clear instruction that Rabo must appear in person before the court.

On 9 June (perhaps the earlier date of adjournment quoted was wrong?), Abdurahmane Tonga reported in Leadership (a copy of the article is posted on Ibrahim Sheme’s blog) that:

The Kaduna State police command has been ordered by a judge to arrest the Director-General of the Kano State Censorship Board, Malam Abubakar Rabo Abdulkarim, for his failure to appear before it on two occasions.

The judge, Alhaji Nasiru Idris Lere of Magistrate Court 1 in Kaduna, gave the order for Rabo’s immediate arrest by the police.

[…]

When the case opened in court last week, the Kano chief censor failed to appear, citing ill-health. His counsel sought a postponement, a plea to which the filmmakers’ counsel, A.S. Suleiman, did not object.

During yesterday’s hearing, counsel to Rabo, Mr. Gabriel Didam, told the court that his client could not appear in court in person as a result of insecurity in the state, adding that his client was also sick. He, however, apologized to the court on behalf of his client.

Counsel to the plaintiffs, Malam Sadau Garba, appealed to the court to issue a bench warrant against Rabo, pointing out that this was the second sitting in which he was not in the court. According to the lawyer, information reaching him was that the accused was determined never to come to the court.

“Justice has to be done,” he said. “The accused person had complained that he was sick, but no written document had been produced. And information reaching us is that the accused is bragging that he will never be present throughout the case and that nothing will happen. We therefore apply that this honorable court issue a arrest warrant to make him appear and take any alternative measures to bring him to the court”.

When ruling on the request, the judge said, “The accused person did not follow the proper way to channel his complaint to the court, a behaviour which may leave the other party to feel they are not treated equally.

“I will not believe him that there is insecurity in Kaduna. It’s an excuse by the accused person. And he has to tell us the names of those that thinks are after him so that court will stop them from coming to its premises.

“Since the inception of the case he has been complaining frequently, but the accused never did in the formal way. Under the section 153 of the CPC, the accused has to be in court. I am left with no option than to order his arrest under section 70 / 1A / B by the Commissioner of Police, Kaduna State.”

Hearing in the suit was adjourned till June 16, 2010.

Court order for the arrest of Abubakar Rabo Abdulkarim (given me by MOPPAN)

On 15 June 2010, Abdulaziz A. Abdulaziz reported in Leadership that Rabo had obtained a staying order from the Kano high court:

A Kano State High Court presided over by the Chief Judge of the state, Justice Shehu Atiku, has issued an order barring police from arresting or detaining the Director-General of the Kano State Censorship Board, Malam Abubakar Rabo Abdulkareem, following an order to that effect by a Kaduna magistrate court.

The applicant had filed an ex-parte motion asking the court to stop the police from carrying out an order issued to them by Chief Magistrate Nasiru Idris Lere of Chief Magistrate Court, Ibrahim Taiwo Road , Kaduna, to arrest and produce him before the court.

The motion, number K/M328/2010, dated June 11, 2010, joined the Kano and Kaduna police commissioners as first and second respondents. Others include Magistrate Lere, the Inspector-General of Police and the Assistant Inspectors-General of Police in charge of Zone 1 (Kano) and Zone 7 ( Abuja ).

A copy of the court order obtained by LEADERSHIP in Kano shows that the court hinged its decision to issue the order after considering the motion ex-parte and the accompanying affidavit sworn to by the applicant.

Part of the document reads: “The Respondent particularly the 1st and 5th Respondents (i.e. the Commissioner of police Kano State, and the AIG, Zone 1, Kano) are hereby directed to stay all actions (in particular, from arresting and detaining the Applicant) pending the hearing and determination of the substantive application.”

A Kano-based lawyer, Barrister Nuraini Jimoh, and one Mr Morgan stand as counsel to the chief censor in the case. It has been adjourned to June 25, 2010 for hearing of the substantive motion on notice.

Arrest Warrent for Abubakar Rabo Abdulkarim, 10 June 2010

On 16 June 2010, Al-Amin Ciroma reported further drama when Rabo’s attorneys claimed their ignorance of the restriction on arrest of their client :

The case, which is presided over by Chief Magistrate Nasiru Idris Lere, has yesterday end with a dramatic session as the counsel of the accuse, Barrister Gideon Didam, honourable withdrew with his team of lawyers from the case on grounds of protecting their professional integrity. “We are completely ignorant of the court order restricting the arrest of our client. We are in this vain, going to allow the judicial court to take its position, may be that is why the accused is absent today.” Said the defence counsel.
Similarly, the counsel to the complainants, Barrister Sadau Garba, represented by Barrister Mohammad Sunusi, argued that the said order from the Kano high court seems not authentic as the document was a photocopy instead of original. Sighting technical inferiorities, Barrister Sunusi disputed the order under section 158/D&E of CPC. He urged the court to continue the proceeding.
The Chief Magistrate, in his ruling said the court will ignore the matter to avoid judicial rascality. Adding that the registrar of the court will forward the said order to the Kaduna State Anthony general for verification and further directives. Meanwhile, June 28, 2010 was fixed for further hearing on the case.

The latest reports return to where I started this post. I have not yet found information regarding the 28 June court date. The news is taken over by Rabo’s accusations of receiving death threats from the very people who sued him to court, the arrest warrents from Kano courts, the continued imprisonment without bail or trial of Fim magazine editor Aliyu Abdullahi Gora II.

On 2 July 2010, an opinion piece was published in the Kano state government newspaper Triumph by an Asabe Murtala mysteriously titled “Is Rabo a Melting Pot.” In the piece, Asabe Murtala vociferously defends Rabo in a tone and language that sounds very much Rabo’s own, as can be read on the “Censorship Board in the News” section of the Kano State Censor’s Board website. Asabe Murtala waxes lyrical over the DG of KSCB:

To many people, Rabo’s name alone sounds musical to ears. While the same name sends shivers and is persistently jittery that shocks the very foundation of the ill-conceived and perturbed thinking of some handful few in the Hausa film making industry. You can call it Kannywood, Shaidanwood or any other wood you want to attach it to.

With regard to the programme aired on DSTV that is inspiring so many lawsuits, she says:

In the programme Mallam Rabo was so stressed for the need that there was a need for the people of Kaduna State, both muslims and non-muslims, to stand up against any film making that is in collusion with our societal norms, value and culture. And he was so disturbed that while we are in the 21st century, some film makers are still behaving as if we are in the uncivilized world.

[….]

There were five callers during the second live programme. They are Abdullahi, Ladidi, Hudu, Mamman and Maman Fadhlu. They all praised the presentation as apt, focused and enlightened. Most of the callers confessed that they didn’t like Rabo’s style of operation before. But with the discussion that was taking place, they came to understand what Rabo stands for. This is a deadly blow on the faces of the film makers. Instead of them to calculate and strategize well, they challenged Rabo to be a co-host with one other person from their part. Which he happily responded in the affirmative. It never occurred to them that an encounter with Rabo could not be a Pancake-race. The encounter turned out to be a Pandora’s box! Because they were panic-striken, Mallam Rabo had to be escorted out of theDITV premises with the help of security operatives, that were armed-to-teeth.

What followed then was, as I heard from some reliable sources, Rabo received many text messages threatening his life. As a law abiding citizen, he officially wrote a letter to the Commissioner of Police, Kano Command, titled ‘Threat to My Llife.’The letter was sent on the May18, 2010. In the letter Mallam Rabo cited some text messages as samples, together with the phone numbers. To tell you that Rabo is security conscious, by sending the texts with the phone numbers. He knew the vital role those numbers could play during investigation. Though, the numbers could be purchased for that hatchet job alone.

Threatening his life was not enough to them, for the fact that they realized that he was waxing stronger in Kaduna State and other neighboring states. They resorted to court action and media campaign against this gentleman.

Least I forgot, during the third programme, DITV Radio Alheri hosted Mallam Rabo, Sani Danja and Isma’ila Na-Abba. Rabo as usual dressed them down. So the film people floated over an ocean immediately after the Titanic ship rocked. It was terribly embarrassing!

Mallam Rabo was summoned by the Chief Magistrate Nasiru Idris Lere, of the Kaduna Magistrate Court. Mallam Abubakar Rabo could not go to the court on health ground. And could not also attend the second sitting because he got no assurance from the court of his security. He was receiving text messages threatening his life, so it was mentioned to the court through his lawyers.

The article continues on for some time in this vein. Readers may remember that this very same Asabe Murtala or Asabe Muktar (the same article was published in Triumph and Daily Trust under these two different names) was accused by Ibrahim Sheme on the Finafinan Hausa listserve of being none other than a pseudonym  for Rabo himself. While this may be a baseless accusation, it does seem curious that, though she claims to be a Kannywood stakeholder no one seems to have ever met her (I once received an email from her forwarding one of her article, but when I wrote back asking if we could meet, I never heard back from her) and that she (with variations on her name) only seems to surface as a writing persona, publishing articles in defence of Rabo and the Kano State Censorship Board.

Meanwhile Bashir Yahuza Malumfashi reported in the Hausa weekly, Aminiya, on 2 July, and Ruqayya Yusuf Aliyu reported in Sunday Trust on 4 July, that filmmaker Alhaji Hamisu Lamid’o Iyan-Tama has filed another seperate lawsuit against the DG of the Kano Censor’s Board Abubakar Rabo Abdulkarim for 10 million naira claiming defamation during Rabo’s 24 May 2010 interview at DITV.  Ruqayya Yusuf Aliyu writes:

According to the statement of claims signed by the counsel to the plaintiff, Barrister Mohammed Sani Katu, the plaintiff is also demanding a public apology and retraction of the alleged defamatory statement made.

The statement of claims also stated that during the said interview, the defendant specifically mentioned that the plaintiff did not register his company, Iyantama Multimedia, which has been in operation for over 15 years with the Corporate Affairs Commission.

The plaintiff further alleges that the defamatory statement has caused him embarrassment before his associates and the public saying he has received a number of calls whereby the callers expressed their disappointment over the said non registration of his company.

The statement of claims also said since the programme was aired, the revenue he generates from the company has significantly reduced among other things.

Readers may recall, that Iyan-Tama spent three months in prison last year after a trial in the court of Magistrate Judge Mukhtari Ahmed, which the Kano attorney general eventually called (as reported by Ibrahim Sheme)  ““improper,” “incomplete,” “a mistake,” […] insisting that a “more competent magistrate” should be given the case to try again.” As noted earlier, Mukhtari Ahmed was relocated in August from the Kano airport court, where he had tried and sentenced so many film stakeholders, to Wudil.

Here is a list of links to newspaper articles describing the progression of events:

My three blog posts in June, July, and August 2009 describing the events leading to the shari’a court case of slander against Rabo, as well as two newspaper articles on the case and a piece from Fim Magazine. I’ve also provided a link to an interview I did with Rabo in February 2009:

Timeline of the most recent lawsuits and counterlawsuits from May to July 2010:

DG of Kano Censor’s Board taken before shari’a court

In a fascinating turn of events, Alhaji Abubakar Rabo Abdulkarim, the Director-General of the Kano State Censorship Board, has been arrested by the police and taken before the shari’a court by the Kano State Filmmaker’s association.

Here is the article “Police Arrest DG Kano Censors Board” by Nasir Gwangwazo published yesterday, 4 August, in Leadership. Ibrahim Sheme has also republished the article on his blog.

Director-General of the Kano State Censorship Board, Malam Abubakar Rabo Abdulkareem, was yesterday arrested by the police over a complaint filed against him by the Kano State Filmmakers Association.

A reliable source told LEADERSHIP last night that Rabo had been dragged to a Sharia Court in Sabon Gari, Kano, by members of the association over an allegation credited to him, in which he was said to have described movie makers as a bunch of homosexuals and lesbians during an interview he granted Radio Kano recently.In the interview, a copy of which was made available to LEADERSHIP, Rabo stated that he had proof that many of the filmmakers were gay, saying his intervention in the industry had helped sanitise the situation.

The statement incensed the filmmakers, and they wrote him a letter demanding a retraction and an apology within 48 hours.But at a follow-up press conference recently in Kano, the director-general repeated his claim, warning that he would publish more damning reports about the alleged immorality in the industry if pressed further.The association went ahead with its threat, suing him before the Sharia court, which was said to have advised the association to report the matter to the police first. >p>According to a member of the association and the immediate former chairman of the state chapter of Association of Nigerian Authors (ANA), Malam Ado Ahmad Gidan Dabino, Rabo was picked up yesterday by two plain-clothes policemen at about 4pm and taken to the Metro police station located on Bank Road in the city, following a complaint by the filmmakers.At the police station, three leaders of the moviemaking association – Nura Hussain, Ahmad Alkanawy and Isma’ila Afakalla – endorsed the association’s formal complaint, which Rabo reportedly denied. According to Gidan Dabino, the case is due for hearing at the Sharia Court, Fagge, today. When our correspondent contacted Rabo on phone last night, however, he denied knowledge of the issue, saying he was in a meeting and promptly switched off.

Following the arrest, there has been much discussion, on the Finafinan Hausa yahoo group. Ibrahim Sheme has posted one of his responses on the internet group on his blog, saying that Rabo’s intention has never had the interests of the filmmaking in Kano at heart.

According to people who have written me about this (this is unverified rumour), Rabo was given bail, but apparently left his car and driver and went away on an acaba.  He is being charged in a shari’a court for “kazafi (invented lies to assinate character).” If convicted, the punishment is 80 lashes with a whip.

Readers will remember that this latest event was precipitated by accusations Rabo made on the radio, saying that filmmakers were homosexuals and lesbians. The filmmaker’s association responded with a letter asking him to withdraw and apologize for the remarks in the next 48 hours or face legal action in a shari’a court.  Rabo responded several days later with a press release, threatening to release more evidence saying, among other things:

This address is a by product of the pressing need of the media to balance their stories and the board to have a fair right to reply on the ‘empty threat’ of those practitioners who’s future is endangered or eroded due to our sustainable sanitization exercises. These miscreants are enemies to the present peaceful atmosphere and the cotemporary achievements of the Board because they are the beneficiaries of the old age. The age of un coordinated and un-professionalized Kannywood industry.

Hitherto, this nasty development will not in any way deter the Board on its commitment to safeguard the Kano State ideals in addition to societal values because our statutory legal undertakings are not only the promulgation of state legislation but also constitutional above all holy and sacred.

[…]

Moreso, additional doziers at our disposal will not in any way help the film stakeholders when released to public especially in this period where some further negative developments are continuously unveiling and circulating.

[…]

Furthermore, let me use this opportunities to re-iterate one of the fundamentals of this administration which is the rule of law where equality before law is necessary. Therefore, the Board is happy that constituted measures like threat to sue organisation or person(s) is welcome by our style of leadership. Even though the Board will not hesitate to table publically at the right time and at the right place all at its possession out of social responsibilities and trust but with no meaning to join issues or make filmmakers vulnerable. Let me at this juncture warn that: “Kada Dan Akuya yaje Barbara ya dawo da ciki”. [MY TRANSLATION—CM: A male goat should not go to a female goat and return pregnant…]

For the post on this blog that includes a transcript of Rabo’s statements on the radio, the  letter and press release from MOPPAN and the subsequent entire press release from Rabo, see this link.

Mobile Court bans listening to 11 Hausa songs

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.

Sharia Implementation in Northern Nigeria 1999-2006: A Sourcebook

This weekend I met up with law scholar, Philip Ostien, who walked me through the 5 volume set (a 6th coming soon) he has edited, and which is published by Spectrum Books: Sharia Implementation in Northern Nigeria: 1999-2006: A Sourcebook. This is an amazing resource that has been made available on the  internet free of charge (in the form of pdfs) by Bayreuth University. The set includes a history of sharia implementation and reproduces important primary documents such as the Sharia Penal and Criminal Procedure Codes and other committee reports and white papers. Volume 6 focuses specifically on the legal cases of Safiyatu Hussaini and Amina Lawal, giving the details of the case that are often lost in the media hype. 

What is specifically useful for me is Volume III, which reproduces much of the censorship law, and Volume IV which reproduces the “Harmonised Sharia Criminal Procedure Code Based on the Harmonised Sharia Penal Code” put together by the Centre for Islamic Legal Studies, at Ahmadu Bello University Zaria in October 2005. There are extensive footnotes which note wherever sharia law has been modified from the Penal Code of 1960, which was the magistrate law code put into place after independence in Northern Nigeria. So, although most useful for scholars of shari’a, it is also a handy reference for anyone who wants to know what a magistrate law is. Deviations from sharia should be noted in the footnotes and can be followed up by research on Kano State magistrate law.

The Volumes are as follows:

Volume 1: Historical Background

Volume II: Sharia Implementation Committee Reports and Related White Papers

Volume III: Sanitizing Society (This is the volume in which the Kano State censorship laws can be found.)

Volume IV: The Sharia Penal and Criminal Procedure Codes

Volume V: Two Famous Cases (namely those of Safiyatu Hussaini and Amina Lawal)