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ECOWAS Court Gives Judgment on Press Council Inconsistency with Human Rights Law

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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

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Zulum Visits Uba, Chibok Communities, Vows Rescue of Abducted Schoolchildren

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Zulum Visits Uba, Chibok Communities, Vows Rescue of Abducted Schoolchildren

By: Our Reporter

Borno State Governor, Professor Babagana Umara Zulum, on Tuesday visited Uba town to sympathise with parents of schoolchildren recently abducted in Mussa community, assuring residents that all efforts were being intensified to secure the safe release of the victims.

Governor Zulum, who has consistently visited communities affected by insecurity to console victims and assess the situation firsthand, met with parents of the abducted children at the palace of the Emir of Uba.

Addressing the gathering, the governor conveyed his heartfelt sympathy to the Emir, the parents of the abducted children and the entire people of the Uba Emirate over the unfortunate incident.

“I want to convey my deepest sympathy to the Emir of Uba, parents of the abducted children and the entire people of Uba Emirate over the recent unfortunate incident,” Zulum stated.

“Let me assure you that the Federal Government under the distinguished leadership of President Bola Ahmed Tinubu, the Nigerian Armed Forces and Borno State Government will do everything possible to secure the release of the children,” he assured.

The governor commended the military and other security agencies for taking proactive measures to prevent further deterioration of the security situation in the area.

He disclosed that the Brigade Commander, Commanding Officer, Divisional Police Officer and other heads of security establishments had already been deployed to strengthen security and facilitate the safe return of the abducted children.

Governor Zulum also pledged to fortify security in Askira, Uba and adjoining communities to prevent a recurrence of similar incidents.

“We have made frantic efforts to stabilize Askira, Uba and adjoining communities through reinforcing security in these areas,” he said.

The governor appealed to the abductors to release the innocent children, noting that they were minors who required the care and protection of their parents.

He further called on residents of the Uba Emirate and the entire people of Borno State to intensify prayers, especially during the first 10 days of the holy month of Dhul Hijjah.

Speaking during the visit, the Emir of Uba, Alhaji Ali Ibn Isma’ila Mamza II revealed that the incident occurred on Friday, 15 May, when 48 persons were abducted in Mussa community, including 37 primary school pupils, six secondary school students and five other residents.

The monarch commended Governor Zulum for his unwavering commitment to addressing insecurity, uniting the people of the state and supporting the emirate.

Also speaking, a representative of the Mussa community, Dr. Chinapi Amanja, appreciated the governor for the visit and acknowledged the deployment of senior military officers and other security personnel to the area.

…Zulum Condoles Chibok Communities

In a related development, Governor Zulum also visited Chibok town to commiserate with communities affected by recent attacks in parts of Chibok Local Government Area.

Addressing district heads, village heads, council members and other stakeholders, the governor said he was deeply saddened by the attacks, which claimed several lives and left many others injured.

“I purposely came to Chibok to sympathize with you over the recent attacks in some parts of the local government which claimed many lives and left others injured,” Zulum said.

“I want to assure you that the Federal Government, Nigerian Armed Forces and the Borno State Government will do everything possible to avert the recurrence of such incidents,” he added.

The governor urged residents to remain calm and law-abiding, assuring them that government was making concerted efforts to restore normalcy in the area through the deployment of additional troops.

He also prayed for the repose of the souls of those who lost their lives and asked God to grant their families the fortitude to bear the loss.

Speaking on behalf of the affected communities, the District Head of Garu, Engr. Zannah Madu, appreciated the governor for the visit and for the continued government intervention in addressing security challenges in the area.

Governor Zulum was accompanied on the visits by the member representing Chibok/Damboa/Gwoza Federal Constituency, Hon. Ahmed Jaha; Acting Chief of Staff to the Governor, Dr. Babagana Mustapha Malumbe; Commissioner for Information and Internal Security, Professor Usman Tar; Permanent Secretary, Government House and Security, Barrister Mustapha Busuguma; Special Adviser on Monitoring, Engr. Baba Bukar Gujbawu; and Special Adviser on Media, Dauda Iliya.

Zulum Visits Uba, Chibok Communities, Vows Rescue of Abducted Schoolchildren

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Rainy season: NEMA strengthens disaster preparedness, community resilience in Gombe

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Rainy season: NEMA strengthens disaster preparedness, community resilience in Gombe

The National Emergency Management Agency (NEMA) on Monday engaged relevant stakeholders in Gombe State on the National Preparedness and Response Campaign (NPRC) 2026.

This is part of ongoing nationwide efforts aimed at strengthening disaster preparedness and community resilience across the state and country.

In her keynote address, the Director General NEMA, Mrs. Zubaida Abubakar Umar represented by the North-East Zonal Director of NEMA, Mr Suleiman Yakubu stated that the campaign was designed to drive early and coordinated action to protect lives and livelihoods during this year’s rainy season.

Also speaking at the engagement, the Head of NEMA Gombe Operations Office, Hajia Ummuna Ahmed, commended the community members and stakeholders for their cooperation and commitment toward disaster preparedness.

Ahmed stressed the importance of early warning information, community participation, and proactive measures in reducing the impact of disasters on lives and livelihoods.

In his presentation on Disaster Risk Reduction Measures, Dr Terungwa Igue specified the various sectorial roles in reducing risks associated with floods.

Igue assured stakeholders of NEMA’s continued commitment to strengthening preparedness initiatives, enhancing public awareness, and promoting safer and more resilient communities across Gombe State.

The engagement further demonstrated the shared commitment of all stakeholders toward fostering safer, better informed, and disaster resilient communities throughout the state.

The team carried out extensive community sensitisation and engagement activities in Wuro Juli Community in Akko LGA of Gombe State.

The sensitisation continued on Tuesday at Yamaltu Emirate in Yamaltu Deba LGA where the Emir of Yamaltu, Alhaji Abubakar Aliyu appreciated NEMA for always coming to sensitise them and charged all the 14 Hakimis who represented 14 villages to take the messages to their domain.

The community engagement exercise focused on enhancing disaster preparedness, promoting early warning awareness, and building community resilience against potential hazards and emergencies, particularly flood related.

The exercise was conducted in collaboration with the Gombe State Emergency Management Agency (GOSEMA), Local Emergency Management Committees (LEMCs), and community leaders, whose active participation and support contributed immensely to the success of the campaign.

The collaboration further reinforced the collective commitment toward disaster risk reduction and effective emergency response at the grassroots level.

Rainy season: NEMA strengthens disaster preparedness, community resilience in Gombe

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NESREA Shuts Kano Rice Plant Over Environmental Violations

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NESREA Shuts Kano Rice Plant Over Environmental Violations

By: Michael Mike

The National Environmental Standards and Regulations Enforcement Agency (NESREA) has sealed off a rice processing facility in Kano State, Fortune Rice Mills Limited, over alleged violations of environmental regulations relating to air pollution and offensive emissions.

The enforcement action, carried out on Monday, was led by the agency’s North-West Zonal Director, Dr. Mudashiru Raheem, following investigations into public complaints against the company.

According to NESREA, residents had raised concerns over persistent dust emissions and offensive odour emanating from the facility despite earlier compliance notices issued to the company.

The agency said investigations established that the rice mill violated provisions of the National Environmental (Air Quality Control) Regulations 2014 as well as the National Environmental (Food, Beverages and Tobacco Sector) Regulations 2023, prompting the sealing of the plant.

Director-General of National Environmental Standards and Regulations Enforcement Agency, Innocent Barikor, who authorised the shutdown, condemned what he described as the “reckless attitude” of some industrial facilities towards public health and environmental safety.

Barikor stressed that economic interests must not come at the expense of citizens’ wellbeing and environmental sustainability, warning that the agency would continue to enforce compliance with environmental laws across the country.

“The health of citizens and the environment must not be sacrificed on the altar of economic gain,” he said.

He also called on Nigerians to take greater responsibility for environmental protection by reporting environmental infractions and pollution incidents to the agency for prompt action.

The latest enforcement underscores renewed regulatory scrutiny on industrial operators amid growing concerns over environmental pollution and public health risks in several parts of the country.

NESREA Shuts Kano Rice Plant Over Environmental Violations

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