Court dismisses case against filmmaker Amart

 

Court dismisses case against filmmaker Amart 

By Ozolua Uhakheme

Assistant Editor Arts

 

It was a big victory for artistic freedom as the Kano State High Court of Justice Number 25, recently nullified an accused summon issued by Chief Magistrate Court 60 Kano and dismissed the criminal case against Kano-based filmmaker Hajiya Aishat Tijjani popularly known as Hajiya Amart.

In a judgment presided over by His Lordship Honourable Justice Adam Abdullahi, the Court ruled in Suit No K/2044/24 that the Summon is unconstitutional and ultra vires. The Court however did not award monetary compensation for damages.

On the 13th of February 2024, the summon was issued by the lower court at the instance of the Kano State Censorship Board which accused the filmmaker of operating without a license in violation of the Kano State Censorship Board law. There was also a notification of revocation of a license to operate as a producer and distributor of films in a letter from the Censorship Board dated 15th February 2024. In other words, the accused summon predated the purported revocation of licenses whereas the latter ought to have been the basis for issuing the former.

Reacting to the judgment, Hajiya Amart’s lawyer Ya’u Abdullahi Umar said:

‘The Accused Summon was issued on the 13th, that is two days before the revocation. So it was on this ground that we challenged the Accused Summon that was issued to her to appear before the court. And successfully, the court today delivered a very good and sound judgment nullifying the said Accused Summon as unconstitutional because it was issued at the time when her license was still valid and subsisting. As for the revocation itself, it is also a subject of litigation before another court, which has been carried out by another office, and which we are aware of as a pending case.’’

For almost one year, Unchained Vibes Africa (UVA) has directly intervened in this case and facilitated the much needed legal assistance as a matter of Public Interest Litigation to defend artistic freedom, broader freedom of expression and protection of public interests. Yesterday’s judgement underscores why independent courts are required to protect fundamental freedoms.

“We congratulate Hajiya Amart on this victory and call on the Kano State Censorship Board to embrace reforms that can transform the body into an institution promoting creativity and development of the creative industries,” UVA said.  

In a related development, lawsuit No K/M008/2024) filed by the filmmaker, has been adjourned to the 12th of February 2025. The civil case, in which UVA has applied for Joinder as an Interested Party, is challenging the revocation of the filmmaker’s licenses.

 

‘UVA salutes the courage and resilience of the filmmaker Hajiya Amart, our front-liners and legal team while thanking the Artists at Risk Connection (ARC) for their crucial role and contribution to this legal victory. We remain committed to defending the rights of artists and will continue to support those facing similar challenges.’