Thursday 1 September 2011

State of Human Rights in Kano State



The governments’ transition from military to civilian rule in 1999 after almost 30 years of military dominance undoubtedly, ushered in hope and relief to most Nigerians that government under a democratic dispensation would effectively address the issue of human rights abuses that were prevalent during the military regimes. However, such hopes/belief now appear debatable following over a decade of democratic governance in Nigeria regarding the nation’s human rights record.

Nigeria under democratic government has severally banned gatherings, which it considers have political, ethnic or religious nature. There have been bans on processions, rallies, demonstrations and meetings in public places on a case-by-case basis.

In January, 2009, the Kano State Hisbah Board ordered the Voice of Widows, Divorcees and Orphans of Nigeria (VOWAN) a non-governmental organization concerned with the welfare of widows and divorcees, to refrain from staging a rally in Kano, referring to the intended rally as ‘un-islamic’ since it has never been witnessed in the Hausa community for women to be on the streets in the name of protest.

In Kano State reported incidences of torture perpetrated by workers in government hospitals who use torture as a form of treatment for mentally retarded patients at the Dawanau Psychiatric Hospital. There were four reported cases of torture on patients of the clinic. On 29th March, 2010 victims had evidences of severely bruised bodies, jaws and arms. Others like Dahiru Aminu, had his testicles smashed by one of the wardens attached to the clinic.


CASES OF DOMESTIC VIOLENCE
Like in other parts of the country, most women violations in Kano State occur in the private circle of family and homes where the violations are confined to the bedrooms. The violence is often invisible; difficult to observe and measure because it is not readily attested to by statistical data. Women hardly confess that they are assaulted by their spouses as such matters are considered to be private problems of the family concerned. Women in this region are not encourage to discuss their family issues in public.

Furthermore, in this part of the country, women who are a victim of domestic violence who lay complaints and pursues legal remedy against their husbands’ risk a break-up of the marriage or generate insecurity. The husband may also deny or withdraw his economic support from her. The effect of this is that the women would normally resort to the informal justice system that operates within the community, which could be the extended family, the village head, or the community head to seek redress for violations of their rights even when it borders on criminality.

At this level however, the women are often castigated for making a domestic issue public and coupled with the inherent discriminatory practices that encourage the subjugation of women to men, they are left with no choice than remain silent. Women and girls are subjected to multiple forms of violence in their homes. In Northern Nigeria and in Kano for example, the most common forms identified includes wife battering ranging from rape, verbal abuse, denial of financial resources, denial of food, child/forced marriage, sexual violence and torture.

SPECIFIC CASES OF DOMESTIC VIOLENCE
Jamila, 37, owns and manages a food restaurant where she raises income to support her family. This business became necessary as the husband, Alh. Audu, could not provide food for her and their four children. Alh Audu is reputed for always beating Jamila on grounds of merely suspecting her of having illicit affairs with her customers. A similar incident of brutal attack and beating of Jamila by her husband occurred on 22nd July, 2010, involving the use of knife and extreme force on her body; including Jamila’s private part. This resulted in grievous bodily harm including fractures on her left leg, broken left arm and different scars as a result of the injuries sustained in the course of the attack. Alh. Audu has been charged to court while Jamila is currently receiving treatment at the Murtala Specialist Hospital, Kano.

Amina, 19, was forced into marriage at the tender age of 15 years to a 40 years old Mallam Ibrahim. The marriage was said to be an arrangement between Amina’s parents and the family of mallam Ibrahim owing to both families long standing relationship. The marriage is blessed with 2 female children who are out of school. Mallam Ibrahim believes that it’s a waste of time and investment in sending a woman to school since they are regarded as products for sale and sooner or later will be sold off.  Amina is also not educated as her father did not send her to school and the husband would not either.

Amina says her husband treats her with utter disrespect and she does not matter in the relationship. She is never asked her opinions on domestic issues, but to just take orders from her husband. Her ordeal is further compounded by the frequent beatings she receives from her husband particularly when she demands for food or money for up keep. Mallam Ibrahim usually returns home late at night and drunk every day and has consciously abandoned Amina and their children to fend for themselves or starve to death. Amina’s parents refused to intervene in the matter which they considered was a private family affair and had insisted that Amina should not disclose her sore relationship with the husband to anybody. They also did not support Amina’s decision to file for divorce so as to save their face since they had unilaterally married her off without her consent; thereby compelling Amina to remain in the marriage against all odds and irrespective of the fact that Mallam Ibrahim eventually took a second wife.

Amina says her condition is unbearable but fears to push the matter further being a Muslim and her faith frowns at revealing her marital disharmony. Amina believes her life would have been better if she had gone to school and not married off so early to a man she never loved. She has decided to live in silence through her marriage under her oppressive husband and hoping that Allah will intervene in her case.

Adamu and Farida, 22, have been living together in courstship which led to her being pregnant. When Adamu discovered that Farida was pregnant, he made no hesitation to deny same; alleging that Farida has been sleeping around with other men. He became unnecessarily hostile to Farida and beats her occasionally. Farida’s parents have who got her pregnant. When Farida was reporting this incidence to KAHRN, she confirmed that Adamu was responsible for the pregnancy.

Fatima, 27, was raped and assaulted by a police officer who was said to be Fatima’s boyfriend. The alleged offender also confiscated some of her house hold items including electronics. Fatima was yet to make any formal report as at time our partners got to know of the incidence.


INHERITANCE
Another form of violation against women that was reported was on denial of inheritance rights by family members of deceased husbands. There were however, few of such cases perhaps due to the right of inheritance accepted women under the Qur’an which in most communities in Kano State are to a large extent implemented.
Halima, 35, was married to late Mohammed for 15 years before his demise 3 years ago. Halima has 6 children who are all females. Her late husband owns a house and provision store. The late husband’s brother did not allow Halima to inherit or enjoy any of the late husband’s properties for the mere reason that she had no male child.

Jummai, 38, is a petty trader with 5 children. She lost her husband two years ago and has been fending for the children single handedly since then. Jummai was denied inheritance of her late husband’s property by the relatives to the husband. The community head later intervened in the matter and helped to resolve same. Jummai has since moved into her matrimonial home with her children.

HIV – STATUS DISCRIMINATION   
Mary, 33, is a mother of 6 children but was sent out of her matrimonial home by her husband when she was tested positive to HIV. All efforts made at convincing the husband to bring her back to the home proved abortive.

Jummai, 38, stigmatized by her co-tenants and people in her work place following rumor by neighbors that she is HIV positive. She was consequently dreaded and avoided by the people around her.

CHILD ABUSE
On 15th June, 2010, 15 year old Hafsatu Amadu, from Kwankwaso town, Kano State, ran away from her parental home to avoid being forced into marrying an old man about the age of her father. The matter was referred to the Hisbah Board were Hafsatu was accommodated as the father refused to heed to any intervention to send Hafsatu to school.

On 8th January, 2010, in Kano State, 9-year old Hadi Bala, an Almajiri was seriously whipped by his teacher, Mallam Garba for bringing a poor turn-over of money he made from begging. The incident is one of the regular of such cases previously suffered by Bala.

In Kano State, there was the case of a 15-year old Fatima who was taken by a woman trafficker to Sagamu in Ogun State to hawk food. Fatima was often sexually harassed whenever she went out to sell food. When the situation became unbearable for her, she ran away from Sagamu to Kano State to the house of the ward head.



UNLAWFUL ARREST AND DETENTION
In Kano State, there has been a sour relationship between Hausa movie practitioners and the kano State government. There were spate of arrests of computer down load operators and prominent industry figures on charge of alleged indecency and failure to register new films. The board was instituted in 2001 after the implementation of Islamic Sharia law as a compromise measure between the filmmakers and the government.

The censor board uses the Hisbah group as watch-dogs to enforce compliance with the institution’s regulations. The Hisbah Board in connivance with the police, raided shops and in most cases forcefully arrested and detained persons linked to the film industry and alleged to be involved in producing ostensibly illicit and immoral materials, or for refusing to register their new products with the censor board. The censor board operates a mobile court and suspects were summarily sentenced to jail terms or given options of fine without being afforded a fair hearing or the opportunity of defending themselves.

September, 2007, an actor, musician, and director, Adam Zang, was arrested and sentenced to three months imprisonment with a fine of N1000 for releasing a music video CD without first submitting same to the Kano State censor board. On 22nd March, 2008, a popular actress, Zainab Umar, and her friend were forcefully arrested by the Hisbah group and detained for 20 hours in the Hisbah headquarters for ‘living in a houses without suitable relation. “In October, 2008, Rabiu Musa and his colleague Lawal Kaura were arrested and sentenced to two months in prison. On 4th June, 2009, a singer, Aminu Ala was arrested and detained for three days before he was released on bail by the police. He was alleged to have released a song without the approval of the censor board. On 13th January, 2010, Auwalu Yahaya was arrested by the police in Kano State and detained for nine days and also denied medication.

Apart from the prison sentences, the police and the Hisbah Group used other acts of intimidation against studios and lower profile film industry workers to the effect that each participant in the industry gets full registration with the censor board. Many youths in the film and related entertainment industry get arrested, detained and sentenced to various prison terms and fines. On 23rd June, 2010, Muhammad Adam and 6 other persons were arrested, detained and made to pay fines for various charges by the censor board mobile court on this account.

January, 2010, sale Babangida, a detainee in Kurmawa prison was re-arrested before leaving the court room upon his discharge. The police justify these re-arrest on grounds that discharges do not amount to acquittals not minding that the discharges are often borne out of lack of diligent prosecution.

ASSAULT
Sometime early last year 2010, April, to be specific three air force personnel acting under the instruction of one Flt. Lt. Umar of the 303 training school Air Force Base Kano beat to a state of coma Mr. Adebayo a spray painter in Kofar Ruwa just for not finishing spray painting the latter’s car as promised. When Mr. Adebayo’s union, Nigeria Automobile Technicians Association (NATA) Complained to the 303 Commandant Audu Danbaki he only apologized that’s all. Mr. Adebayo was later left with the responsibility of treating himself. See photograph.   

Yusha’u Sani Yankuzo
Faculty of Law,
Bayero University, Kano
08033477704
08055558250

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