ZHUL-HAJJ 25, 1429 A.H.
TUESDAY DEC. 23, 2008.
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An open letter to the US Embassy in Nigeria
By ASABE MURTALA
IT is said and widely accepted that the United States of America is the world most democratic society on earth. Whether the statement is true or false is a debatable subject for another day. An in-dismissible fact remains that the United States of America is unarguably one of the leading strong economies, democracies and civilities of the world. As I am writing this line I am dead assured that US is a respecter of the rule of law, protector of human rights (whatever that stands for), respecter of a constituted authority, a decent society, a promoter of good governance and above all a mini-world-where all races and colours of the world are represented in that society.
As a stakeholder in the film industry in Kano state, my attention is accurately drawn to the uninformed intermingling between the US Embassy and some of our colliques in the industry. For sure I know the embassy would not in any way, under Her Excellency, Ms Rennie Sandars, the American Ambassador in Nigeria, help in promoting disrespectful attitudes towards constituted authority and the rule of law. This is of course the last thing the US Embassy could do, as far as my understanding of this great nation is concerned.
Let me quickly drive my point home. The Kano state Censorship Board Law was enacted in 2001. With the existence of this Law it simply means that all individuals and organizations whose work or activities have something to do with the Board need to comply with the provisions of the law. And any negation of that could attract the wrath of the law.
Iyan Tma Multi Media Limited, a production company in Kano has been operating for about two decades without any form of registration, either at the state or federal level. A few months back Alhaji Hamisu Iyan Tama, was charged to court by the Kano State Censorship Board, for, among other things, running unregistered production company. Which contravenes the State Censorship Board Law. This is very unbecoming of a modern man.
The law establishing the Kano State Censorship Board did not emanate from the sky. It has a strong backing of Section 16, Sub-Section (a) and (b), of the 1999 Amended Constitution of the Federal Republic of Nigeria. The provision of the constitution reads thus:
“G. Exhibition of Cinematograph films.
16. The National Assembly may make laws for the establishment of an authority with power to carry out censorship or cinematograph films and to prohibit or restrict the exhibition of such films; and nothing herein shall:-
(a) Preclude a House of Assembly from making provision for a similar authority for that state; or
(b) authorize the exhibition of a cinematograph film in a state without the sanction of the authority established by the law of that state for the censorship of such films.
There are requirements of the Board’s law in Kano state for establishing a film production company. These requirements are briefly given below:-
a. There should be an office accommodation for any production company, for it to be easily located. Not an invisible location, as it has been the practice in some quarters of the film industry in Kano.
b. There should be at least a one computer operating system. (I think the Censorship Board is trying to help production companies have a modern touch in their day to day activities).
c. A presentation of tax clearance of at least three years before a company get registered. (In this aspect I doubt if anybody can fault this provision, unless if he/she is a tax evader).
d. Introduction letter from the local government authority, where such company is operating. (Do people have a skeleton in their cupboards for not disclosing their places of businesses to the local authorities?).
e. Above all, it is mandatory for any potential film production company to present to the board, a certificate of incorporation from the Corporate Affairs Commission – a federal body – before the process of registration of any company begins.
To me and to any sane person, the above requirements are nothing more than an attempt to put the stakeholders within the purview of the law emanated from constituted authorities. So, what is wrong if the Kano State Censorship Board insists that all stakeholders should comply with the provision of the law that established the board? It is like some people get joy and happiness in breaking laws.
I discussed thoroughly with other people who have great confidence in the US policy, especially as it affects democracy, respect for the rule of law and respect for other cultures, but we were (and still are) all surprised as to why is the US Embassy in Nigeria should be promoting somebody who has no regard for the constituted authorities and the rule of law. Hamisu Iyan Tama sees himself as a complete Dan Birni who cares less about operating under the framework of set standards, as stipulated by the laws of the land.
Being a stakeholder, Iyan Tama is my co-traveller in the film industry. That prompted me to go and search whether it was true that Iyan Tama did not register with the Corporate Affairs Commission (CAO).
Lest I forget, Iyan Tama was charged to court with Sani Mu’azu of LENSCOPE MEDIA SERVICES LIMITED. Though Sani Mu’azu was also charged for not registering with the state censorship board, but he was discovered to have registered with the CAC. You may ask why Iyan Tama refused to follow Mu’azu’s suit? This question, I think, can best be answered by him.
My interest in the whole show prompted me to go and verify whether Iyan Tama did not register with the CAC and whether Sani Mu’azu registered. I applied for enquiry to the Corporate Affairs Commission with the names of the two companies, i.e. Iyan Tama Multi Media Limited and Lenscope Media Services Limited. As it is normally done, the names would go for ‘Availability check and Reservation of Name” at the CAC office. A Notice of Denial was sent from the CAC and the following information/message was given: “The CAC regrets to inform you that it was unable to approve any of the names submitted for approval.”
This shows that Sani Mu’azu’s Lenscope is duly registered with the CAC. But then, that does not give him the licence to operate in Kano without registering with the state censorship board, as required by the laws establishing the regulatory agency.
Similarly, a letter/notice from the CAC was sent to me with the following information: “The CAC is pleased to inform you that one of your requested names has been approved and will be reserved for 60 days.
The above information is a clear testimony to the fact that Hamisu Tama did not register with the Corporate Commission. By implication, he is operating an illegal, unregistered film production company and is therefore subject to prosecution in accordance with land down regulations governing activities of film production in the state and country at large.
The question remains: Why is Iyan Tama still a darling to the US Embassy in Nigeria? Is the embassy encouraging him or discouraging him to be a law abiding citizen? Did not the embassy have his dossier before romancing with him? Is this not denting to the image of the embassy? Why a U-turn on civility and self-respect?
Another critical point of concern to me and those that see the US as a model society is, the disgusting sponsorship of a film produced by the Iyan Tama Multi Media Production Company, called ‘TSINTSIYA’ “THE BROOM”, by the US Embassy. Yes, the title of the film and the theme were correctly chosen for the simple reason that, the film is all about the promotion of national unity, among different ethnic groups in the country.
The film has already been released. And you can find it in Kano markets. But the most unfortunate part of it all is, the film was not censored and registered by the Kano state censorship board. And this action contravenes the law that established the board. The board also has every reason to charge Iyan Tama before a court of law. To him, the way I understand him, arrogance is enough a ticket for breaking rules.
I am rest assured that as far as TSINTISYA is concerned; the US embassy has nothing to hide. But why is the embassy giving a helping hand to somebody to disrespect the constituted authorities? I mean this is a sampled opinion. To me, we can still excuse the embassy as delving into matter with less concern to good home work.
As part of his defences in the media, Hamisu Lamido Iyan Tama used to say that he was out of production since 2006, and eventually delved into politics. I then ask, who did he report to when he wanted to quit for politics? Are there no requirements or procedures for one to follow when he/she intends to leave the business? A notification of quitting to the relevant authority is enough cover for one to be protected even if somebody uses his/her name in the production of unwanted material. Of course, it is absolutely his right as a citizen to choose whatever vocation he likes to earn a living. But there must be procedures in doing that.
Let us assume he quit film production since 2006, so what informs the production and release of TSINTSIYA in 2008? Who did he inform that he is back into business? It could be merrier if he could at least recognize the existence of a constituted authority that is responsible for regulating film production in the state. Is US embassy aware of all these hiccups?
When jumping into politics, did he joined a political party just like that without following some procedures? It is his right to join politics, but then, I’m tempted to ask whether there are no rules and regulations provided for becoming an active member of a political party? Why is it that I do not like to see US embassy being maligned. The embassy is carelessly, according to some shades of opinion, promoting this errant producer, both at the local and international arena. He has just been back from the United States, where he attended the American Film Festival, with his uncensored film: TSINTSIYA This is shameful! Somebody roars.
Of recent, Iyan Tama’s reasoning as far as TSINTSIYA film is concerned is that the film falls under the category of exempted ones: “Even if the film is exempted, are there no procedures to follow for those films that are exempted?” I hope the US embassy is following these arguments with sound, unbiased mind.
One columinist, Victor Akande, wrote a piece in The Nation newspaper, on Sunday, December 14, 2008, captioned: “Censors Board New Framework: A clarion call well honoured.” In the said piece, he captures with all precision, the fundamental work of the National Film and Video Censors Board (NFVCB) and their modus operandi.
I would like to cite this as an example to show what the Kano state censorship board has done is doing is not and can never be overstepping out of its statutory mandate. The same policy is also obtainable at the national level.
The writer puts it and I quote: “The Board was essentially formed out of the need for Nigeria to protect its young from unsuitable content and as a multi-ethnic developing society there is also a strong desire to preserve its ethnic, racial and religious harmony which the power of uncensored films can undermine. The board is, in addition, empowered by the law not only to classify films produced in Nigeria but also to scrutinize films imported into the country.”
The columnist further continues: “The board’s mandate include; licensing to exhibit films and video works; licensing a premises (sic) for the purposes of exhibiting films and video works; censorship and classification of films and video works; regulate and prescribe safety precautions to be observed in the licensed premises; regulate and control cinematographic exhibitions; and perform such other functions as are necessary.”
I quote these parts of the published piece to show in black and white that, what the state censorship board is doing is not out of bound even at the national arena.
In actual sense, Hamisu Iyan Tam is tamed by his shallow thinking about what life is all about. He does not feel embarrassed by his own action. That is why he minces word and makes some uncoordinated statements that; the State Censorship Board arraigned him to court with the aim of tarnishing his political image. My question at this juncture is, what respect does he command in the political landscape in Kano state?
Finally I must call the attention of the US Embassy in Nigeria that they should be cautious in meddling themselves in things they do not have clearer picture of.
Asabe Murtala writes from Yakasai Quarters, Kano City and can be reached for comments through her e-mail: asabemurtala@yahoo.com
