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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
News
U.S. president orders deadly strikes against ISIS militants in northwest Nigeria
U.S. president orders deadly strikes against ISIS militants in northwest Nigeria
By: Zagazola Makama
President Donald J. Trump announced that the United States had launched a powerful and deadly military strike against Islamic State (ISIS) terrorist targets in Nigeria, in response to what he described as ongoing attacks on primarily innocent Christians in the region.
In a post on his social media platform, Mr. Trump said the operation was conducted “at my direction as Commander in Chief” and targeted ISIS militants whom he accused of “viciously killing, primarily, innocent Christians, at levels not seen for many years, and even centuries.”
The president said he had previously warned the extremist group to halt attacks on Christians or face consequences, adding: “tonight, there was.”
Mr. Trump described the strikes as “numerous perfect strikes, as only the United States is capable of doing,” and reiterated that under his leadership the U.S. would not allow “Radical Islamic Terrorism to prosper.” He extended Christmas greetings to U.S. military forces and said there would be “many more” such strikes if the killing of Christians continued.
The announcement marks a significant escalation of U.S. military involvement in Nigeria’s complex security landscape. Western and Nigerian officials have long warned that militant groups such as ISIS’s West Africa Province (ISWAP) and Boko Haram pose a persistent threat in northern Nigeria, where attacks on civilians including Christians and Muslims alike have killed thousands over the past decade.
Reactions to the U.S. action are still emerging. The strikes come amid ongoing debates over Nigeria’s sovereignty and the best approach to combat extremist violence in West Africa. Previous statements by the Nigerian government welcomed U.S. assistance in fighting terrorism provided it respects the country’s territorial integrity.
The full military impact of the operation including casualties among militants or its implications for Nigeria’s internal security strategy has not yet been independently verified.
End
News
VP Shettima: Borno Attack Will Not Break Nigeria’s Resolve
VP Shettima: Borno Attack Will Not Break Nigeria’s Resolve
By: Our Reporter
Vice President Kashim Shettima has condemned in strong terms the bomb explosion that claimed about five lives and left several others injured at a Mosque in Gamboru Market, Maiduguri, Borno State, describing the attack as a despicable assault on innocent citizens and the peace of the nation.
The Vice President said President Bola Ahmed Tinubu has ordered an immediate intensification of security operations in Borno State following the incident.
In a statement on Thursday, the Vice President condemned the attack, assuring that the Federal Government is deploying additional tactical teams to the area to track down and apprehend those responsible for the terror attack.
“The Federal Government will not tolerate any attempt to undermine the peace and security of our nation. Our security agencies are working round the clock to ensure that the perpetrators of this heinous crime are brought to justice immediately,” he said.
Senator Shettima expressed confidence that the security architecture currently in place would not only apprehend the perpetrators but also unravel the full circumstances surrounding the incident.
“We sympathize with the Government of Borno State, residents, and families who have lost their loved ones in this attack. The Federal Government is confident that those responsible for this despicable act of terrorism will face the full weight of the law,” VP Shettima said.
He assured Nigerians that the Tinubu administration’s commitment to national security, anchored in constitutional duty, remains unwavering.
“Since President Bola Ahmed Tinubu assumed office in 2023, this administration has consistently reaffirmed its unyielding commitment to safeguarding the security, unity, and stability of our nation.
“This commitment remains steadfast under God and the Constitution of the Federal Republic of Nigeria. We will continue to provide our security agencies with all necessary resources and support to decisively defeat terrorism in all its forms,” he affirmed.
The Vice President added that the Federal Government is working closely with state authorities and local security agencies to ensure protection of vulnerable communities and critical infrastructure across the North East and other regions.
VP Shettima: Borno Attack Will Not Break Nigeria’s Resolve
News
Zulum-“Protect Our Sacred Bond,” Celebrates Peaceful Year in Christmas Message
Zulum-“Protect Our Sacred Bond,” Celebrates Peaceful Year in Christmas Message
By: Our Reporter
With profound gratitude to God for sparing our lives one full year to another Christmas celebration, Borno State Governor, Professor Babagana Umara Zulum felicitate with the Christian community across the state on the occasion of Christmas.
The Governor is currently engaged in a four-day security and resilience building tour across Northern Borno. The tour includes visits to military formations to boost their morale, and to communities affected by the insurgency, where he is working to build their confidence and provide tangible democratic benefits.
In a message by his Spokesperson Dauda Iliya, Governor Zulum expressed gratitude to God Almighty for the return of relative peace in the state.
“For us in Borno State, the period between the 2024 to the 2025 Christmas celebrations has been one full year of celebrating enviable all-encompassing reconstruction and recovery,” Zulum stated.
“The progress is not only in terms of physical infrastructure, but also in terms of the peace and forbearance, mutual goodwill and harmonious coexistence among the Muslim and Christian communities, which our beleaguered state very critically desires to launch itself back to prosperity and glorious past,” he added.
“I feel obliged to express my most heartfelt gratitude to God for enabling me to preside over the state one full year, witnessing a gladdening restoration and maintenance of these required peace, mutual goodwill and harmony between the the Muslim and Christian communities which bonded us tightly together as a solid people, but which the over a decade Boko Haram insurgency threatened to completely destroy.
“A noteworthy part of the Muslim-Christian harmonious coexistence and goodwill reconstruction and maintenance was my recent high-level consultation meeting with the leadership of Jama’atu Nasril Islam (JNI) and Christian Association of Nigeria (CAN), focused on strengthening collaborative efforts between the state government and religious bodies to combat the lingering threat of insecurity and foster lasting peace in Borno State.
“At that meeting, I underscored the critical role of religious leaders in promoting tolerance, unity and peace across the state because Borno, like many states, has unique and beautiful family composition dynamics.
“It is common to find under one roof, brothers and sisters, uncles and aunts, who profess different faiths. We share meals, we celebrate festivities and milestones, we grieve losses together, as one family, bound by blood and love that transcends religious labels. This is our reality.
“I stressed that our enviable strength emanates from this reality. I will still, therefore, stress that we must protect this sacred bond within our homes and allow it to define our individual, as well as intra- and cross-community engagements.
“In sustenance of my tradition of just, fair and equitable treatment of both communities in festive seasons, I have, also, this year, I announced support to the Christian community and non indigenes, which includes free transportation to non-indigenes to different parts of the country, humanitarian support to over 6,000 vulnerable Christians, cash gifts to widows and orphans, sponsorship of Christian pilgrimage and other interventions.
I am always disposed to rendering such support, and even more, whenever the need arises.
Governor Babagana Zulum urge every citizen of the state, irrespective of faith, to come together in the collective search for lasting security, peaceful and harmonious coexistence as the most-critical foundation for true reconstruction, recovery and prosperity.
Zulum-“Protect Our Sacred Bond,” Celebrates Peaceful Year in Christmas Message
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