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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
Tinubu’s aide launches healthcare centre in Adamawa community
The Shashau community in Hong Local Government Area of Adamawa State has received a healthcare centre built by Mrs Delu Yakubu, Senior Special Adviser to President Bola Tinubu on Humanitarian Affairs and Poverty Reduction.
Speaking at the inauguration, Yakubu said the facility fulfilled a long-held personal dream of improving healthcare access in her hometown.
She recalled growing up in the community without a clinic, saying the centre would help address long-standing healthcare challenges, particularly maternal care.
She said the facility formed part of a national mobile clinic initiative under her office, aligned with President Tinubu’s humanitarian mandate.
Dr Suleiman Bashir, Chairman of the Adamawa Primary Healthcare Development Agency, commended the initiative and pledged to provide medical personnel and supplies for effective service delivery.
He urged residents to protect the facility for sustainable use.
Mr James Barka, member representing Gombi/Hong Federal Constituency, lauded the project and promised to integrate it into his constituency health programmes within three months.
The Speaker of the Adamawa State House of Assembly, Bathiya Wisely, described the facility as a commitment to improving grassroots healthcare and reducing maternal mortality.
He also pledged to provide a borehole for potable water at the centre.
The Paramount Ruler of Hong, Tol Alheri Nyako, urged residents to utilise and safeguard the facility, donating N500,000 in support of its operation.
The inauguration event also featured a free medical outreach and distribution of food and non-food items to underserved communities.
Tinubu’s aide launches healthcare centre in Adamawa community
War on Terror: NHRC Insists Protection of Civilians Must Be Top Priority
By: Michael Mike
The National Human Rights Commission has issued a strongly worded response to the recent surge in terrorist violence across Nigeria, warning that the country risks deepening insecurity if the protection of civilians is not made the central pillar of national security strategy.
In a statement released by its Executive Secretary, Tony Ojukwu, the Commission conveyed condolences to the Nigerian Armed Forces and to governments and citizens of states hardest hit by the attacks, including Borno State, Niger State, Benue State, Kaduna State, Kwara State, Sokoto State, and Plateau State.
The Commission said it is “deeply concerned” about the increasing frequency, coordination, and geographic spread of attacks, noting that both military formations and civilian targets—including markets, places of worship, and public institutions—have come under sustained assault. Particular concern was raised over coordinated attacks on military bases in the North-East, especially in Borno, and suicide bombings in civilian areas such as Maiduguri.
Ojukwu described the pattern of violence as a “grave and systematic assault” on fundamental rights, including the right to life, dignity, and personal security, as enshrined in Nigeria’s Constitution and international obligations like the African Charter on Human and Peoples’ Rights. He stressed that deliberate attacks on civilians and security personnel by non-state armed groups constitute serious violations of international humanitarian law.
Beyond condemnation, the NHRC raised alarm over what it described as an evolving and more dangerous phase of insecurity—marked by coordinated military assaults, mass village raids, suicide bombings, and a widening spread from the North-East into the North-West and North-Central regions.
While acknowledging the sacrifices of the military, the Commission argued that Nigeria must confront a critical gap in its security architecture. “The protection of civilians cannot remain incidental to security operations—it must be their central objective,” Ojukwu said.
To address this, the Commission called for the urgent development and implementation of a comprehensive national policy focused on civilian protection. It said such a framework must place human rights at the core of all security responses, prioritise the prevention of harm in vulnerable communities, enforce accountability for violations by both state and non-state actors, and provide effective support systems for victims and survivors.
The proposed policy, according to the NHRC, should also ensure strict adherence by security forces to the principles of distinction, proportionality, and precaution in military operations, while strengthening early warning systems and community engagement in high-risk areas.
Ojukwu emphasized that civilians must not be treated as “collateral damage” but as rights-holders whose protection and dignity are non-negotiable. He added that a human rights-based approach to national security is not a sign of weakness but a legal and strategic necessity.
“Global evidence shows that sustainable peace can only be achieved where the state consistently protects the rights of its people,” he noted.
The Commission reaffirmed its solidarity with affected communities and security forces, pledging continued collaboration with the Federal Government, state authorities, and civil society to ensure that Nigeria’s counterterrorism efforts reinforce, rather than erode, democratic and human rights principles.
War on Terror: NHRC Insists Protection of Civilians Must Be Top Priority
Troops recover pistol, arrest two suspects in Plateau
By: Zagazola Makama
Troops under Operation OPEP have arrested two suspects in possession of a pistol during a stop-and-search operation in Kuru, Jos South Local Government Area of Plateau.
Security sources said the incident occurred at about 8:30 p.m. on April 11 while troops of Sector 6 OPEP were conducting routine checks in the area.
According to the sources, the suspects were intercepted with one pistol loaded with four rounds of 9mm ammunition, two mobile phones, a jackknife and the sum of N1,700.
The sources added that the suspects are currently in custody and undergoing interrogation to determine the source of the weapon and possible links to criminal networks.
Troops recover pistol, arrest two suspects in Plateau
Tinubu’s aide launches healthcare centre in Adamawa community
War on Terror: NHRC Insists Protection of Civilians Must Be Top Priority
Troops recover pistol, arrest two suspects in Plateau
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