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ECOWAS Court Gives Judgment on Press Council Inconsistency with Human Rights Law
ECOWAS Court Gives Judgment on Press Council Inconsistency with Human Rights Law
By: Michael Mike
The ECOWAS Court of Justice has delivered its judgment in a case brought by two Nigerian journalists alleging the Nigerian Press Council Act of 1992 was discriminatory and violated their right to freedom of expression.
In its judgment delivered by Hon Justice Dupe Atoki, Judge Rapporteur, the Court declared that Sections 19 (1)(a), 27 and 37 of the Nigerian Press Council (NPC) Act failed to recognize public interest media including rights of online and citizen journalists thereby violating Article 9 (1) of the African Charter on Human and Peoples’ Rights (ACHPR), and Article 8 (1) and 10 (2) of the Declaration of Principles on Freedom of Expression in Africa.
The Court therefore ordered the government of Nigeria to amend these contested Sections to align with international practices that promote free, pluralistic and professional journalism. It however dismissed other claims which were not substantiated.
The case with suit number ECW/CCJ/APP/31/21 was filed on 14 June 2021 by lawyers representing the Applicants – Mr Isaac Olamikan and Mrs Edoghogho Ugberease – online and citizen journalists who practise journalism for the promotion of freedom of expression, opinion, and access to information.
In the application, they claimed that Sections 19(1)a, 27 and 37 of the Nigeria Press Council Act of 1992 requiring journalists to be at least 18 years and accredited by the NPC, 25 years to be an editor with working experience in reputable media organization or news agency and registered with the Nigeria Union of Journalists, discriminated against them.
The Applicants’ lawyers led by Mr President Aigbokhan argued that these Sections failed to recognise public interest media such as the rights of online and citizen journalists and were therefore discriminatory and violated their right to freedom of expression as guaranteed under Articles 2 and 9(1) of the ACHPR, Article 19 of the Universal Declaration on Human Rights (UDHR), Articles 2, 10 and 19 of the International Convention on Civil and Political Rights (ICCPR) and Article 8 (1) and 10 (2) of the Declaration of Principles on Freedom of Expression in Africa; and breached the State’s obligation under the ECOWAS Treaty among other cited texts.
“For example, Section 37 of the Press Council Act, puts the minimum age to practice journalism as 18 years of age, while to be qualified as an editor, requires a minimum of 25 years of age. Sections 19(a) and 27 of the Act imposes educational qualifications and compulsory courses of attendance and training before a person can be recognized and allowed to practice as a journalist,” the judgment stated.
They also submitted that they were arrested separately at different locations while investigating and gathering information for their work, and that their arrest and detention were unlawful and violated their rights.
The Applicants asked the Court to order the Respondent to amend the contested Sections of the NPC Act to align with international practice and pay 1,000,000 (one million) USD as damages.
On their part, the Respondent’s lawyers Mrs Maimuna Lami Shiru and Mrs B.J. Oladipo told the Court that ‘journalism is a sensitive profession requiring mastery as well as regulation to prevent negative effect, adding that rights to information and freedom of expression are not absolute.’
The Respondent denied arresting and detaining the Applicants unlawfully, stating that the first Applicant was arrested because his action had national security implications while the second Applicant operated illegally.
They added that, in the same way as other professional bodies, there were criteria for registration and membership as journalists, and urged the Court to dismiss the case describing it as frivolous, baseless and an abuse of court process.
In its analysis, the Court determined if the matter was within its mandate, if it was admissible and if the Sections of the NPC Act were discriminatory and violated the right to freedom of expression of the Applicants. Relying on its rules of procedure and jurisprudence, the Court held the matter was within its jurisdiction and the case was admissible.
On the alleged violation of Article 2 of ACHPR the Court noted that the Applicants did not substantiate on how they were treated differently in an identical or similar situation. Consequently, it held that their rights to freedom from discrimination under Article 2 of ACHPR has not been violated.
While on the alleged violation of Article 9 (freedom of expression), the Court noted that Section 19(1) and Section 27 of the Press Act imposing minimum educational requirement, age limit and registration, were restrictive and interfered with the right to freedom of expression, and therefore violated Article 9 (2).
In reaching its decision, the Court also noted the impact of technology in the evolving media space with the advent of citizen journalists, influencers and content creators who share news, commentary, and analysis on social issues. Though not qualified in traditional sense, they contributed to shaping public opinion.
It drew inspiration from young activists notably Malala Yousafzai and Greta Thunberg who in their teens integrated online media in their advocacy and have attained world recognition through a free and unrestricted opportunity to gather information and express opinion.
Regarding the Applicants’ claim of unlawful arrest and detention, the Court noted that the Applicants did not prove their arrest was unlawful. Consequently, the Court dismissed their claims of unlawful arrest and request for compensation.
Both parties were ordered to bear their costs of litigation.
Also on the bench were Hon Justices Edward Amoako Asante (presiding) and Sengu M. Koroma (Member).
ECOWAS Court Gives Judgment on Press Council Inconsistency with Human Rights Law
Group demands zoning of Gombe Central Senatorial seat to Yamaltu/Deba
A sociocultural group under the auspices of Nyimatli Development Association (NDA) has demanded that the 2027 senatorial seat of Gombe Central be zoned to Yamaltu Deba Local Government Area of the State.
Speaking at a news conference on Monday in Gombe, Mr Emmanuel Usman, the secretary of the group in the company of other executive members said the demand was from the entire people of Yamaltu Deba LGA.
Usman said the demand was a necessary step for equity, unity, justice and inclusiveness.
He stated that since Gombe Central has two Local Government Areas of Akko and Yamaltu Deba and Akko has held the seat for 16 years, zoning it to Yamaltu Deba would ensure parity and correct the zoning imbalance.
“Akko has held the seat for too long and it is our turn to ensure equitable representation; this is the message from the Tera people and the people of Yamaltu Deba.
“The people of Yamaltu Deba LGA are concerned about the issue of representation at the National Assembly particularly at the Senate.
“Yamaltu Deba is in Gombe Central Senatorial District and the district is owned by Akko and Yamaltu Deba and by extension this seat should go round between the two LGAs in the zone.
“When we returned into the present democratic era, the first senator was from Akko who served for four years and then it returned to Yamaltu Deba, for another four years.
“Until it came to the time when Senator Danjuma Goje, from Akko became senator and he has served four consecutive terms that is for 16 years, without it being returned to Yamaltu Deba.
“We feel as a people if we own this seat collectively, equity and justice should have been the right thing and if Akko has enjoyed 16 years, it should now be returned to Yamaltu Deba,” he said.
Usman said that the people of Yamaltu Deba were already feeling maginalised not because the current senator Goje lacked competence or representation, but because they have been denied the right to represent the district.
He said the LGA has a lot of competent politicians and technocrats who could effectively represent the Senatorial District and fast track development.
Usman pleaded with Goje not to contest the 2027 senatorial seat but allow Yamaltu Deba in the spirit of “our unwritten consensus” for turn taking in representation.
“We have supported Goje, voted for him and given him the platform to lead, it is now time for him to return the favour and step aside for others from Yamaltu Deba to occupy the senate seat.”
He also appealed to Gov Inuwa Yahaya of Gombe State as the party leader of the All Progressives Congress (APC) in the state to listen to their plea towards ensuring fairness, inclusion and justice.
Group demands zoning of Gombe Central Senatorial seat to Yamaltu/Deba
Eight aspirants eye Governor Buni’s seat in Yobe
By: Yahaya Wakili
As 2027 general elections are approaching, over 8 aspirants from the three senatorial districts of Yobe state are jostling for the governorship ticket of the All Progressives Congress (APC) in the 2027 general elections.
Notably among them are the current Secretary to the Yobe State Government and the longest SSG in Northeastern Nigeria, Alhaji Baba Mallam Wali (BMW) mni; the former Senate President of the Federal Republic of Nigeria and the longest member at the National Assembly since 1999 up to date and the current Senator for the Yobe North Senatorial District, Senator Ahmed Ibrahim Lawan, GCON (SAIL), Sardaunan Bade; and Senator Mohammed Ibrahim Bomai (MIB), two-term Senator for the Yobe South Senatorial District and Madakin Fika Emirate Council.
Others notable among them include Senator Musa Mustapha (COOLERS), current Senator of the Yobe East Senatorial District; Engr. Abubakar D. Aliyu, former Deputy Governor of Yobe State and former Minister of Power and Jarman of the Pataskum Emirate Council; and Kashim Musa Tumsah, a lawyer and diplomat, and hosts of others. The All Progressives Congress (APC) has been ruling the state since the return of democracy in 1999 or since the creation of the state. Muhammad Abba, a political analyst in the state, revealed that we are advising the party stakeholders in the state that if they want the party to continue ruling the state, they should adopt the rotation or zoning formula so that every senatorial district will benefit from the governorship seat in the state.
Dr. Garba Adamu, also a political analyst in the state, said rotation or zoning is the best option for the APC in the state, adding that since the creation of the state, Zone A, or the Yobe East Senatorial District, for a long time has held the power or has produced the governor, and the Yobe South Senatorial District has produced only one governor, Mamman B. Ali, who spent only 18 months in office before he died. But in the Yobe North Senatorial District, Zone C, they never produce anything else, neither the governor nor the deputy; they never get the opportunity or the chance.
He added that, but this time around if the party wants to win the election easily without facing any challenges from the opposition party, they should reintroduce the zoning system because it will encourage the electorates to come out en masse to vote for the party, especially from Zone C, because they picked its son to be the party candidate. However, he said the best candidate from the zone, who would win the election 100%, is Alhaji Baba Mallam Wali (BMW), the current secretary to the state government; he has the capacity, and he has the experience to handle the affairs of the state because of his long experience in administration.
According to him, the election of Baba Mallam Wali as the fifth democratically elected governor of Yobe State will steady impactful walks through the corridors of power at both local and state levels. He is a man blessed with a character of humility, sympathy, and accessibility and a genius in letting go of what rightfully and lawfully belongs to him for peace to reign. However, BMW’s plan is to continue building on what they call the “Renewed Hope and Vision of Governor Mai Mala Buni and the legacy of His Excellency, Senator Ibrahim Geidam,” aimed at delivering a better life for residents of Yobe State.
“Baba Mallam Wali’s agenda is anchored on People-Oriented Development (POD), a strategy designed to ensure that government decisions directly continue to improve the daily lives of citizens. Alhaji Idris Musa, also a political analyst in the state, reiterates his call to the APC-led administration in Yobe State to adopt the rotation formula aimed to balance its political equations, adding that if care is not carefully taken in Yobe politics this time and if they fail to implement the zoning formula, they will face the consequences because likely the opposition party will win the election, because the two senatorial zones will react, especially Zone C and Zone B.
Zone C deserved to pick the governorship ticket of Yobe State in 2027, and if there is fairness, equity, and justice in the 2027 election, then from Zone C, the current Secretary to the State Government, Alhaji Baba Mallam Wali MNI, is capable and has the capacity to hold the ticket, and he will deliver, inshallah.
Eight aspirants eye Governor Buni’s seat in Yobe
Reprisal attack leaves two dead as plateau govt imposes curfew in Jos
By: Zagazola Makama
A reprisal attack has claimed the lives of two persons in Jos North Local Government Area of Plateau State, following an earlier shooting incident along the Jos–Bauchi highway.
A security source said the incident occurred on March 29 at Angwan Rukuba junction, where residents allegedly carried out retaliatory attacks on passersby after a morning assault by gunmen.
According to the source, the initial attack, which occurred at about 7:30 a.m., involved assailants who drove on a vehicle and opened fire on commuters, killing several persons and injuring others before fleeing the scene.
Security sources blamed the attack on cultist, while some blame it on the fulani bandits, sone said they are Boko Haram while some maintain that the attackers were some criminal elements because they fled in a vehicle.
Sources however said that in the aftermath of the shooting, some aggrieved residents reportedly attacked unsuspecting passersby on the highway, resulting in the death of two persons,” the source said.
He added that the situation created heightened tension in the area, with fears of further escalation.
The situation further compounded after a Foreigner went to the scene of the accident to demonstrate and threatened to President Bola Ahmed Tinubu, saying will regret what he was doing for not admitting Christian Genocide.
The Plateau State Government subsequently imposed an immediate 48-hour curfew to restore calm and prevent additional reprisal attacks.
The source said casualties from the incidents had been evacuated to the Jos University Teaching Hospital (JUTH), while security agencies had commenced investigations to identify and apprehend those responsible.
He noted that no arrests had been made as of the time of filing this report.
The source further stressed the need for sustained security presence and community engagement to de-escalate tensions and prevent a breakdown of law and order.
Security agencies have also intensified patrols and surveillance in the area, as efforts continue to restore normalcy and ensure the safety of residents.
Reprisal attack leaves two dead as plateau govt imposes curfew in Jos
Group demands zoning of Gombe Central Senatorial seat to Yamaltu/Deba
Eight aspirants eye Governor Buni’s seat in Yobe
Reprisal attack leaves two dead as plateau govt imposes curfew in Jos
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