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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
NBMA Debunks Allegations of Negligence, Compromise Against It
By: Michael Mike
The Director General and Chief Executive Officer (DG/CEO) of the National Biosafety Management Agency (NBMA), Dr. Yemisi Asagbra debunked some allegations level against the agency by some non governmental organisations (NGOs) concerning negligence and compromise.
Speaking during a press briefing in Abuja on Friday, Asagbra said: “The negative statements circulating are misleading and lack credible scientific backing. The agency asks these organisations to present verifiable scientific evidence for their claims and we relies on sound scientific research and internationally recognized protocols to make informed decisions. It is part of the Cartagena Protocol with over 180 parties, our mandate is to protect the health of Nigerians and the environment. It will not compromise on this as it is an agency of integrity.
She added that: “The agency is transparent and accountable in its operations. It invites review of its processes and rigorous evaluations of GMO products. We are confident in our procedures that it’s meet global standards and it is a leader in effective regulation in Africa”.
On the source of the allegations, she said “over the years they have been advocating to have their presence in the board where all these products coming will be thoroughly Investigated, but it hasn’t been given. Most times we rely on the information given by Nigeria Custom Service to furnish them with needed information, which most time is not always easy if they have other things doing.
The Head planning, research and statistics National Biosafety Management Agency Mrs. Bello Scholastica said the agency is concerned with safety to our health and safety to our environment.
She further reiterated that what NBMA stands for is to establish first regulation from identification of the gene of interest, “of what you are interested in, from then till commercialization, and even after commercialization, they still follow suit to make sure that the approvals they gave hasn’t caused any harm, or those that were given approval to that they stay put to what they were asked to do”.
She further explained that the agency has put in effort to promote environmental conservation and biosafety in Nigeria.
NBMA Debunks Allegations of Negligence, Compromise Against It
House of Reps Assures on Passage of Human Rights Defenders Bill
By: Michael Mike
The House of Representatives has revealed that it is interested in the passage of the Human Rights Defenders Bill into law, saying that the bill has already passed the first reading and will soon be subjected to second reading.
The House also promised to take the necessary steps to ensure an improvement in the 2025 budget of the NHRC, pointing out that the N5 billion approved for it in the 2024 budget is inadequate considering the myriad of human rights violations in the country.
The Chairman House Committee on Human Rights, Hon. Abiola Makinde made this disclosure during the oversight visit of Committee to the National Human Rights Commission (NHRC).
The Chairman, who was represented at the occasion by his Deputy, Hon. Mudashiru Lukeman assured the NHRC that the Committee would continue to advance the course of human rights in Nigeria by ensuring that the House of Representatives passes critical bills on human rights issues as well as makes adequate budgetary provisions to ease the work of the Commission.
Makinde also stated that in a bid to improve some aspects of Civil and Political Rights, the House of Representatives had ensured the establishment of human rights desks in all police formations and Headquarters across the 36 States of the Federation.
Earlier, the Executive Secretary of the NHRC, Dr. Tony Ojukwu who received the lawmakers with his management staff told the Human Rights Committee that the Commission relies heavily on them for the enactment of human rights friendly laws and enhanced budgetary provisions to discharge it broad mandate of promotion, protection and enforcement of human rights in the country.
He used the opportunity to commend the legislators for their role in the amendment of the NHRC Act 2010 as well as the support of the Speaker of the House of Representatives, Hon. Femi Gbajabiamila in the payment of compensation to victims of human rights violations by the Special Anti-Robbery Squad (SARS) unit of the Nigeria Police Force.
He equally informed the legislators who were on oversight visit about the recent report released by the Commission following the findings of the Special Independent Investigative Panel on Human Rights Violations in Counter-Insurgency Operations in the North East Nigeria , which he noted has saved the country from possible invitation by the International Criminal Court (ICC).
He noted that the aforementioned wide spread allegations of human rights infractions against some government institutions could result in the ICC extending invitations to some of the leaders to respond to the allegations, but the Commission has done the needful in compliance with the international principles of omplementarity.
He thanked the Committee for promising to improve the budgetary allocation of the Commission in the 2025 fiscal year.
House of Reps Assures on Passage of Human Rights Defenders Bill
FG Confirms Arrest of Simon Ekpa
By: Michael Mike
The arrest of Biafra agitator, Simon Ekpa in Finland has been confirmed by the federal government.
A statement on Friday by the Ministry of Foreign Affairs stated that the Nigerian-Finnish citizen and prominent leader of the proscribed Indigenous People
of Biafra (IPOB), was arrested by Finnish authorities on Thursday.
According to the statement, Ekpa was
charged with inciting terrorism and promoting violence.
The Finnish District Court of
Päijät-Häme ruled to detain him on probable cause for publicly inciting crimes with terrorist intent.
The Finnish authorities alleged that Mr. Ekpa used social media platforms to spread
separatist propaganda, incite violence and encourage illegal actions, which had caused
significant disruptions in the South-East of Nigeria. Finnish investigators had also linked
him to incidents of violence in Nigeria, which were believed to had been fueled by his
online activities.
The statement said “the arrest of Mr. Simon Njoku Ekpa follows sustained diplomatic
pressure by the Nigerian government on Finland, to take action against his activities,
which were linked to violence and instability in the South-East of Nigeria. The request
for action featured during high level engagements between countries.”
The Ministry stated that the arrest of Ekpa, is a significant development in addressing the activities of IPOB, and also neutralizing the influence of transnational actors and “their impact on our national security.”
The Ministry promised to continue to monitor the legal proceedings and provide further updates as the case progresses.
FG Confirms Arrest of Simon Ekpa
NBMA Debunks Allegations of Negligence, Compromise Against It
Nigerian lawyers Ask to Collaborate with Chinese Colleagues in Law Relating to Investment and Dispute Resolution
House of Reps Assures on Passage of Human Rights Defenders Bill
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