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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
Police detain inspector, girlfriend over missing rifle in Taraba
Police detain inspector, girlfriend over missing rifle in Taraba
By: Zagazola Makama
The Police in Taraba have detained an inspector and his girlfriend following the reported loss of an assault rifle along the Wukari–Jootar Federal Highway.
According to the source, the missing firearm belonged to Insp. Joshua Charles, aged 45, attached to the Safer Highway Patrol team.
The sources told Zagazola Makama that on Dec. 25, at about 3:00 p.m., the inspector reportedly left his duty post to Wukari town, leaving behind three other officers Insp. Haruna Galadima, Insp. Isah Waziri and Insp. Umar Mohammed who remained on duty.
“At about 8:30 p.m., the inspector’s girlfriend, one Ruth Alphancis of Sabon Gari area in Jalingo, who has been cohabiting with him since August 2025, returned from Jootar village in Benue and claimed to have seen an unidentified person breaking out of the house,” the source said.
He added that on the inspector’s return from Wukari town, allegedly in a drunken state, he discovered that his Type 06 assault rifle, loaded with 25 rounds of live ammunition, which he said he left inside the room, was missing.
The breach number of the rifle could not be immediately ascertained, the source said.
Following the report, the sources said operatives visited the scene, while efforts were intensified to recover the missing firearm and apprehend those responsible.
“The inspector and his girlfriend are currently in detention to aid investigation, while collaborative efforts involving local residents and hunters are ongoing to recover the rifle,” the source added.
End
News
Troops of Operation Hadin Kai repel Boko Haram attack in Adamawa
Troops of Operation Hadin Kai repel Boko Haram attack in Adamawa
By: Zagazola Makama
Troops of Operation Hadin Kai, in collaboration with other security elements, have repelled an attack by suspected Boko Haram terrorists on Mayo Ladde village in Hong Local Government Area of Adamawa.
The attack occurred at about 9:00 p.m. on Friday in Mayo Ladde, a border community linking Askira/Uba Local Government Area and the Sambisa Forest axis of Borno.
Sources told Zagazola Makama that troops supported by members of the Civilian Joint Task Force (CJTF), swiftly responded to a distress call on the attempted incursion.
“The terrorists attempted to attack the village but were decisively engaged by the troops, who repelled them and forced them to retreat,” the source said.
According to the sources, no casualty was recorded during the incident, as residents of the village had fled the area before the arrival of the terrorists.
The source added that troops had intensified patrols and surveillance in the general area and along the border communities to forestall further attacks and deny the terrorists freedom of movement.
Operation Hadin Kai reiterated its commitment to sustaining offensive operations against Boko Haram and ISWAP elements to ensure the safety of lives and property in the North-East.
Troops of Operation Hadin Kai repel Boko Haram attack in Adamawa
News
BOTMA: The agency will not tolerate underage driving in Maiduguri
BOTMA: The agency will not tolerate underage driving in Maiduguri
By: Bodunrin Kayode
The general manager of the Borno State Traffic Management Agency (BOTMA), Eng. Baba Tijani, has said that his agency will not tolerate “underaged” kids driving keke napep in Maiduguri and environs.
The GM warned that the brazen display of wrongdoing by Keke Napep was becoming alarming, especially with lots of underage kids being caught committing such crimes.
The Borno traffic management agency boss vowed to bring owners of such erring Keke napeps to book to check their reckless behavior on the streets of the Maiduguri metropolis and beyond.
Tijani, who spoke exclusively during the 2025 Federal Road Safety Corp RS12.2 Borno special marshals sectoral workshop, said that his management is aware of the dangerous excesses of the Keke Napep riders in the town and has never taken it lightly with them.
“I can assure you that we have details of all the excesses of the Keke Napep drivers in the city, and we are not joking with them. As long as we have their details, we can trace and deal with them, and the rest is history.
“I can assure you that there is no keke that is not registered by us regardless of their high numbers. For as long as they are registered in our data bank, we know how to trace them. Even if the keke is used for robbery, I assure you, we know how to sanction them for as long as they are within the state.
“By the way, it is not true that we are not capable of handling them in spite of their numbers and the enormous nature of their offenses. We do not overlook the misdemeanor of Keke Napep drivers in Maiduguri no matter how small they are.”
He told this reporter that under his watch kids who are under 18 were totally forbidden from driving keke napeps in Maiduguri metropolis, adding that residents should also avoid such keke napeps because they are obviously a death trap for commuters.
Eng. Tijani stressed that unless drivers are 18 years or above, they are not permitted to drive a keke napep in the entire Borno state, adding that only stable adults are registered as drivers of napep in their data bank used to sanction erring ones.
Tijani noted that for the remaining part of the year, his men will monitor the main roads in the metropolis thoroughly during the yuletide period to force the napep boys to conform to expected norms and behavioral patterns.
On staff strength, he added that the agency has been making use of what it has, hinting that “we have over 300 personnel in MMC and Jere alone, and we are trying to do our best with what we have even with the confusion at the Custom and Gamboru axis of the town.”
“We are aware of the challenges in many areas, and we believe that very soon the customs area will be handled. We are aware that the area is heavily congested in terms of traffic because the tunnel from one side to the other is not used, but I wish to assure commuters that all this will become history soon.
On the misbehavior of some of his staff, he noted that checks and balances have been placed within the system by management, adding that their provost marshals in white caps are out to oversee the erring staff and will send feedback to us on the next step.
Eng. Tijani called on the general public to cooperate with him and his management team by reporting erring marshals as and when wrongs were committed, adding that as soon as they are reported, action will be taken against such officials.
To press his point home, the GM revealed that about 30 erring marshals have been sacked so far from the agency, stressing that management does not drop their guards when it concerns portraying them in a bad light.
Speaking on the welfare of his staff, the GM agreed that there was an urgent need to boost the salaries of his marshals, as they are quite lower than the current minimum package.
He, however, announced that he was not leaning on his oars concerning their welfare because the matter has been tabled before the executive, and the governor is about to work on it, thereby taking care of his people.
Tijani regretted that they do not have a board that would assist them in putting their challenges on the front burner but is grateful to the media for doing justice to the plight of his people.
BOTMA: The agency will not tolerate underage driving in Maiduguri
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