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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
No Badge Should Become a License to Kill — NHRC Condemns Alleged Extrajudicial Killing in Delta
No Badge Should Become a License to Kill — NHRC Condemns Alleged Extrajudicial Killing in Delta
By: Michael Mike
The National Human Rights Commission (NHRC) has issued a strong condemnation of the alleged extrajudicial killing of a 28-year-old Nigerian, Mene Ogidi, reportedly shot by a police officer in Effurun, warning that the authority of law enforcement must never be abused to take lives unlawfully.
In a statement released in Abuja, the Executive Secretary of the Commission, Tony Ojukwu, described the April 26 incident as “deeply disturbing” and a direct violation of constitutional guarantees and the rule of law.
He stressed that no citizen should lose their life at the hands of those entrusted with their protection, noting that the reported conduct of the officer involved was “condemnable, unacceptable, and completely inconsistent with the principles of justice and a civilized society.”
The NHRC boss raised alarm over what he termed a troubling pattern of excessive force by security personnel, urging the Nigeria Police to take immediate and decisive action to curb the trend.
He called for systemic reforms, including mandatory periodic psychological and mental fitness evaluations for officers, particularly those deployed on special assignments, to ensure they are capable of handling firearms responsibly and engaging civilians within the bounds of the law.
Ojukwu further demanded swift disciplinary measures against the officer implicated in the incident, insisting that accountability must be pursued in line with existing laws and police regulations. He also pressed for the full implementation of recommendations from past panels on police brutality, arguing that meaningful reform remains critical to preventing future abuses.
“The Commission demands immediate arrest and a transparent investigation into the incident, dismissal of the officer involved, and swift prosecution in accordance with the law,” he said, adding that justice must also include adequate compensation for the victim’s family.
He warned that delays in justice risk eroding public trust in state institutions and weakening confidence in law enforcement agencies.
Reaffirming the Commission’s commitment to human rights protection, Ojukwu said the NHRC would closely monitor the case while continuing its advocacy for accountability and justice.
“Nigeria must never normalize brutality,” he said. “Justice must speak louder than silence.”
No Badge Should Become a License to Kill — NHRC Condemns Alleged Extrajudicial Killing in Delta
Bangladesh Seeks Deeper Strategic Ties with Nigeria
By: Michael Mike
The High Commissioner of Bangladesh to Nigeria has reaffirmed the commitment of both countries to deepen bilateral relations, describing Bangladesh and Nigeria as natural partners bound by shared aspirations for development, cultural understanding, and global cooperation.
Speaking at the Bangla New Year 1433 celebration in Abuja, the High Commissioner, Miah Md. Mainul Kabir, emphasized that although geographically distant, Bangladesh and Nigeria share strong historical and developmental parallels as populous, dynamic, and rapidly evolving economies in their respective regions.
He noted that the relationship between both countries has continued to expand steadily in recent years, particularly in areas of trade, education, capacity building, and cultural exchange.
According to him, there remains significant untapped potential for collaboration in sectors such as agriculture, pharmaceuticals, energy, ICT, and human capital development.
The High Commissioner stressed that cultural diplomacy remains a vital bridge in strengthening bilateral relations, adding that events such as the Bangla New Year celebration in Abuja provide an important platform for fostering mutual understanding between the peoples of both nations. He described such engagements as essential tools for building trust and expanding cooperation beyond formal diplomatic channels.
He further underscored the importance of people-to-people connections, noting that the Bangladeshi community in Nigeria plays a key role in reinforcing goodwill and serving as informal ambassadors of their country. He commended their contribution to Nigeria’s socio-economic environment while also preserving cultural identity abroad.
Reiterating Bangladesh’s interest in stronger engagement with Nigeria, the High Commissioner said both countries stand to benefit from enhanced cooperation in trade diversification, knowledge exchange, and investment partnerships. He expressed optimism that continued dialogue and cultural interaction would translate into more structured bilateral initiatives in the near future.
He described the celebration of the Bangla New Year in Abuja as a reflection of the growing warmth in bilateral relations and a symbol of shared commitment to friendship and mutual progress between Bangladesh and Nigeria.
The event was arranged by the High Commission of Bangladesh in Abuja. And present were Ambassadors, members of diplomatic corps, senior officials of the Ministry of Foreign Affairs, representatives of think tanks, media, business community of Nigeria and expatriate Bangladeshis. The venue was colourfully decorated with traditional Bangladeshi artifacts, symbols of cultural heritage. Diversity of Bangladesh’s landscape in different seasons were put on display. A spectacular cultural performance by Bangladeshi and Nigerian artists displaying different aspects of the six seasons of Bangladesh charmed the audience. Traditional Bangladeshi food items including various pithas were served among the guests.
Bangladesh Seeks Deeper Strategic Ties with Nigeria
Troops Foil Motorcycle Snatching Attempt in Plateau by Berom Militia, Victim Later Dies
By: Zagazola Makama
Troops of Sector 5 Operation Peace Enforcement (OPEP) have foiled an attempted motorcycle snatching incident in Bokkos Local Government Area of Plateau State by Berom Militia.
Security sources said that the incident occurred at about 7:20 p.m. on April 28 in Maiduna village, Dafof district, when armed individuals attacked a civilian and attempted to seize his motorcycle.
The sources said troops deployed at Maiduna general location responded swiftly to distress calls, forcing the attackers to abandon their mission and flee the scene.
According to the sources, the victim was rescued with injuries and his motorcycle recovered by troops during the operation.
They added that the victim was later evacuated to a clinic in Dafof, where he was confirmed dead despite medical attention.
The recovered motorcycle is currently in military custody, while efforts are ongoing to track and apprehend the fleeing suspects.
Troops Foil Motorcycle Snatching Attempt in Plateau by Berom Militia, Victim Later Dies
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No Badge Should Become a License to Kill — NHRC Condemns Alleged Extrajudicial Killing in Delta
Nigeria, UNESCO Launch World’s First Media and Information Literacy Institute in Abuja
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