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

Published

2 years ago

November 27, 2023

Ochuwa Ibrahim

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

IPCR Calls on Stakeholders to Promote Peace

Published

4 hours ago

September 17, 2025

Ochuwa Ibrahim

IPCR Calls on Stakeholders to Promote Peace

By: Michael Mike

The Institute for Peace and Conflict Resolution (IPCR) has urged government, private sector, security agencies, the media, as well as religious and traditional leaders to work together to strengthen peace in Nigeria.

The call was made at a ceremony marking the 25th anniversary of the Institute, celebrated alongside the 2025 International Day of Peace.

Speaking at a press conference in Abuja, the Director-General of IPCR, Dr. Joseph Ochogwu, said the theme of this year’s International Day of Peace, “Act Now for a Peaceful World”, underscores the urgency for collective action.

“The imperative to act now reflects the reality that peace cannot be deferred, delegated, or delayed. It requires immediate, sustained, and coordinated action from individuals, institutions, and nations,” Ochogwu stressed.

Reflecting on the institute’s achievements over the last 25 years, the DG highlighted IPCR’s role in training thousands of peace practitioners, mediators, and community leaders, as well as its interventions in communal disputes, electoral violence prevention, and religious reconciliation efforts.

“Our early warning systems and rapid response mechanisms have helped prevent the escalation of numerous potential conflicts, saving countless lives and preserving community harmony,” he noted.

Ochogwu also emphasized the importance of collaboration between government and civil society in tackling insecurity, banditry, and communal clashes across Nigeria.

“Government must prioritize conflict prevention, invest in peacebuilding infrastructure, and ensure that development policies are conflict-sensitive and inclusive,” he said.

The DG further called on the media to adopt conflict-sensitive reporting and use their platforms to amplify voices of peace and reconciliation, while urging religious and traditional leaders to leverage their influence to promote tolerance and understanding.

As part of the anniversary celebrations, IPCR outlined a series of activities, including interfaith prayer sessions, a “Sports for Peace and Mental Health Clinic,” and a peace walk followed by a commemorative lecture.

He emphasized that sustainable peace is deeply connected to individual wellbeing. To promote this, the organization is launching a “Sport for Peace and Mental Health” clinic a creative initiative combining physical activity with mental health support.

This approach not only helps address trauma and the physiological impacts of conflict but also fosters community healing through active engagement.

“Recognizing that peace begins with individual wellbeing, we are hosting a Sport for Peace and Mental Health Clinic that integrates physical activity with mental health support. This innovative approach acknowledges that sustainable peace requires addressing the physiological dimensions of conflict and trauma while promoting healthy community engagement through sport.”

Ochogwu concluded with a reminder of the institute’s long-term mission.

“Peace is both a destination and a journey. The past 25 years have shown that sustainable peace is possible when we act with determination and unity. The time for peace is always now.”

IPCR Calls on Stakeholders to Promote Peace

News

NESREA, WJC Sign MOU on Wildlife Protection

Published

5 hours ago

September 17, 2025

Ochuwa Ibrahim

NESREA, WJC Sign MOU on Wildlife Protection

By: Michael Mike

The National Environmental Standards and Regulations Enforcement Agency (NESREA) and Wildlife Justice Commission (WJC) have entered into a Memorandum of Understanding (MoU) aimed at strengthening wildlife protection in the country.

The MoU, signed on Tuesday at NESREA’s headquarters in Abuja by the Director General/CEO of NESREA, Prof. Innocent Barikor, and Chief of Investigations at the WJC, Stephen Carmody, represented by the Regional Manager for West and Central Africa, Abim Isafiade, establishes a framework for cooperation to combat transnational organised criminal networks trafficking in wildlife, fish, and timber.

The MoU is aimed at strengthening intelligence-sharing, enhance forensic and legal collaboration, and support future programmes under the Nigerian Wildlife Law Enforcement Task Force.

“This MoU aligns perfectly with Nigeria’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and demonstrates our government’s determination to protect biodiversity, conserve threatened species, and ensure sustainable managed wildlife resources for future generations.”, stated Barikor.

Barikor added that, “NESREA is committed to working hand-in-hand with the WJC to ensure that Nigeria does not serve as a safe haven or transit hub for wildlife traffickers. Together, we will make it increasingly difficult for those who profit from the destruction of our natural heritage.”

Executive Director of the Wildlife Justice Commission, Olivia Swaak-Goldman in a statement said the collaboration with NESREA would bring in fresh vigour into wildlife enforcement activities in the country.

He said: “By expanding our partnerships to include NESREA and the Nigerian Wildlife Law Enforcement Task Force, we can sustain and deepen this transformation — ensuring that Nigeria continues to set the benchmark for intelligence-led enforcement.

The MoU reflects a shared commitment by NESREA and the WJC to disrupt wildlife crime, dismantle transnational criminal networks, and ensure that organised crime is no longer driving species to extinction.

NESREA, WJC Sign MOU on Wildlife Protection

News

Otuaro Plans Quality Furniture, Woodwork Training For PAP Beneficiaries

Published

5 hours ago

September 17, 2025

Ochuwa Ibrahim

Otuaro Plans Quality Furniture, Woodwork Training For PAP Beneficiaries

•••Visits Julius Berger, PrimeTech Showrooms in Abuja

By: Michael Mike

The Administrator of the Presidential Amnesty Programme, Dr Dennis Otuaro, on Monday, visited the Julius Berger Nigeria Plc Associated Furniture Producers (AFP) Showroom and its industrial factory in Abuja as part of his deliberate effort to deepen implementation of the programme’s objectives.

Otuaro also visited PrimeTech, an international firm with a primary focus on sustainable design and construction of buildings, industries, civil structures, roads and infrastructure.

He was conducted round the facilities by the General Manager of Julius Berger Nigeria Plc AFP, Oliver Cohnen, and Julius Berger’s Head of Corporate Security and Compliance, Poul Nielsen, during the visit.

Otuaro was accompanied by his Technical Assistant, Edgar Daniel; Special Assistant, and the PAP’s Head of Vocational Training Unit, Lambert Daunemighan and Head, Special Projects, Victor Ebikonte.

He said the move was aimed at exploring avenues for the PAP to carry out high-quality training of ex-agitators and beneficiaries in furniture and woodwork, and sustainable architectural design and engineering solutions with global standards and taste.

The PAP helmsman stressed that his goal was to ensure that beneficiaries of such huge industrial-scale training would use the vocational skills and knowledge they would gain to add real value to the socio-economic development of the Niger Delta and indeed Nigeria.

He noted that when the ex-agitators and beneficiaries are equipped with the right expertise in a structured environment, they will produce products that meet international standards with high marketability.

He expressed satisfaction at the incredible finishing and creativity, exquisite outlook and texture of the furniture and their high potential for durability.

He reiterated that President Bola Tinubu had given him a mandate to take the programme to the people of the region.

According to him, seeking the appropriate facilities to get many youths trained and re-trained in critical vocational trade areas was one of the ways of realizing the president’s desire.

Otuaro said, “My interest is that our youths have to add value to the social-economic growth of the Niger Delta and that of the country. They can do this effectively when they acquire high-quality training that will make them to be useful to themselves, the region and the nation.

“I decided to undertake the visits to these facilities to enable me to see things for myself to be able to take the right decision on the vocational initiative I have for ex-agitators and beneficiaries of the PAP in the areas of furniture and woodwork, and designs.

“I am pleased with the top-class industrial equipment, high-quality furniture and the huge factory I have seen here and the fact that they have international appeal. This means that if our people are able to acquire the right vocational skills here, they will be able to produce furniture of international standards.

“His Excellency, President Bola Ahmed Tinubu, GCFR, gave me a mandate to take the programme to the people, and that is what I am doing. This initiative is part of the deliberate plans to achieve that mandate.”

Otuaro Plans Quality Furniture, Woodwork Training For PAP Beneficiaries