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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
Chief of Army Staff visits Etsu Nupe, reiterated NA’s operational readiness and seeks guidance on security challenges
Chief of Army Staff visits Etsu Nupe, reiterated NA’s operational readiness and seeks guidance on security challenges
By: Zagazola Makama
The Chief of Army Staff (COAS), Lt. Gen. Waidi Shaibu, on Wednesday visited the Etsu of Nupe, HRH Alhaji Yahaya Abubakar, in Bide town, expressing appreciation for the traditional ruler’s support to the Nigerian Army and seeking guidance on addressing prevailing security challenges across the country.
In his remarks, Lt. Gen. Shaibu draw attention to the ongoing assessment of army deployments in member states, noting the operational gaps and opportunities to infuse additional troops where necessary.

He emphasized the importance of human intelligence in aiding the work of various security commissions and agencies, stressing that intelligence from local communities remains vital for effective operations.
“We are here not only to pay a courtesy visit but also to seek your constant advice on tackling security challenges, particularly in collaboration with the police,” the COAS said. “Your experience from past operations in Liberia, and Multi National Joint forces uniquely positions you to guide the current leadership of the army on security policies and strategies, both in Niger State and nationwide.”
Lt. Gen. Shaibu also acknowledged the role of the Etsu of Nupe’s family in supporting military personnel operating in the area, describing their involvement as critical to navigating the security terrain effectively.
He assured the traditional ruler of the army’s commitment to continuous engagement with community leaders to strengthen operational success.
The COAS also assured on leveraging of technology to counter security challenges bedeviling the country.
Responding, the Etsu of Nupe commended the Nigerian Army for its dedication and service. “We pray that Allah, the Most Gracious, will continue to protect and guide you, granting strength, wisdom, and courage to overcome all challenges,” HRH Alhaji Yahaya Abubakar said.
“The history of the Nigerian Army is rich with experience, and we are confident that under your leadership, the army will continue to excel in all operations, both domestically and internationally.”
He further emphasized the importance of logistics, manpower, training, and technological investments in maintaining operational readiness.

The monarch assured continuous prayers and support for the army and its personnel, noting that the synergy between traditional institutions and security forces is essential for national stability.
The Etsu of Nupe also acknowledged the growth and development of military formations in the region, from battalions to brigades and special forces units, and expressed hope that further expansion would continue to enhance security operations.
Chief of Army Staff visits Etsu Nupe, reiterated NA’s operational readiness and seeks guidance on security challenges
News
Zulum Inaugurates New GDSS Wandali Ending 30 Years on Temporary Site…Inspects Hospitals, Schools
Zulum Inaugurates New GDSS Wandali Ending 30 Years on Temporary Site
…Inspects Hospitals, Schools
By: Our Reporter
Borno State Governor, Professor Babagana Umara Zulum, has inaugurated the permanent site of Government Day Secondary School Wandali in Kwaya Kusar Local Government Area. The school had been operating from a temporary site for thirty years.
The new 20-classroom school includes a computer laboratory fully equipped with digital tools.

This is the second school Governor Zulum has commissioned on Tuesday as part of a working visit to southern Borno.
The Governor affirmed his administration’s commitment to revamping the education sector through substantial investment in infrastructure, manpower development, and digital and vocational skills.
“The construction of the permanent site of Government Day Secondary School Wandali fulfils our promise to provide access to education for communities across the state,” Zulum remarked.

He added: “Let me express my administration’s resolve to revamp the education sector in the state. I want to also assure you that all necessary facilities will be provided in the school to enable it to function optimally.”
The Commissioner for Education, Science, Technology and Innovation, Engr. Lawan Abba Wakilbe, noted that the school had been operating from temporary accommodation since 1996.
He stated that the school comprises 20 classrooms, a computer laboratory, administrative blocks, and fully equipped laboratories to enable students to learn digital and other skills.

While in Kwaya Kusar, the Governor also inspected General Hospital Kwaya Kusar, where he promised to rehabilitate the facility and restore its electricity supply.
He commended the Medical Officer, an indigene of Rivers State, who has served at the hospital for the past four years, praising his dedication and service.

Earlier, before departing Bayo, Governor Zulum inspected the recently inaugurated Bilingual Boarding School in Briyel, which currently has 430 orphaned pupils enrolled.
He also inspected General Hospital Briyel and assured staff that the challenge of power supply would be addressed.

The Governor was accompanied by Senator Mohammed Ali Ndume; Hon. Bukar Talba; the Deputy Speaker, Hon. Abdullahi Musa Askira; members of the State Assembly, commissioners, local government chairmen, and other stakeholders from the area.
Zulum Inaugurates New GDSS Wandali Ending 30 Years on Temporary Site
…Inspects Hospitals, Schools
News
Two killed, two injured as bandits attack Katsina communities
Two killed, two injured as bandits attack Katsina communities
By: Zagazola Makama
Suspected armed bandits have attacked Gidan Alhaji Barau and Gidan Hazo villages in Malumfashi Local Government Area of Katsina State, leaving two persons dead and two others injured.
Zagazola Makama report that the incident occurred in the early hours of Jan. 6 at about 1:10 a.m.
According to the sources, the Divisional Police Officer (DPO) in Malumfashi received a distress call that armed bandits had invaded the two communities.
“The DPO swiftly mobilised a joint security team to the area, blocked exit routes and engaged the hoodlums in an exchange of gunfire,” the source said.
After the encounter, four victims were discovered to have sustained gunshot injuries.
They were identified as Lawal Tanimu, 30; Umaima Sale, 25; Sani Umar, 30; and Harisu Salisu, 29, all residents of Gidan Alhaji Barau village.
The victims were evacuated to the General Hospital in Malumfashi for medical attention.
However, police said two of the victims were certified dead by a medical doctor on arrival, while the remaining two were admitted and were receiving treatment.
The police said efforts were being sustained to track down and arrest the perpetrators of the attack.
They reassured residents of its commitment to protecting lives and property and urged the public to continue to support security agencies with timely information.
Two killed, two injured as bandits attack Katsina communities
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