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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
NHRC Calls for Reforms in Correctional Centres, Cites Systemic Bias

NHRC Calls for Reforms in Correctional Centres, Cites Systemic Bias
By: Michael Mike
The Executive Secretary of the National Human Rights Commission (NHRC), Dr. Tony Ojukwu has called on stakeholders to reflect on the values that Nelson Mandela embodied, including justice, dignity, equality, and compassion, as the world commemorates World Mandela Day.
Dr. Ojukwu made this call in a statement on the eve of the commemoration, noting that Mandela’s legacy serves as a powerful reminder of the need to promote and protect human rights, particularly in Nigeria’s correctional centers.
According to him, the current state of Nigeria’s correctional centres, which are overcrowded, under-resourced, and lack basic sanitation and healthcare, reflects a failure of infrastructure, justice, and humanity.
He lamented that thousands of citizens are held in pre-trial detention for years due to poverty and lack of access to justice, while the rich have greater access to quality legal defense and bail, perpetuating systemic bias.
The NHRC Executive Secretary urged the Nigerian government, judicial authorities, private sector, and civil society to prioritize comprehensive reforms in detention facilities and correctional centers, including improving conditions, investing in alternatives to pre-trial detention, ensuring speedy trials, and upholding the rights of inmates.
Ojukwu emphasized the need to tackle the root causes of incarceration, such as poverty, unemployment, and lack of access to justice, in order to build a society that values the dignity and human rights of all individuals, regardless of their socio-economic status.
Nelson Mandela Day is celebrated annually on the 18th of July.
NHRC Calls for Reforms in Correctional Centres, Cites Systemic Bias
News
Ondo State Government Signs MOU with Backbone Infrastructure for 500,000 BPD Oil Refinery

Ondo State Government Signs MOU with Backbone Infrastructure for 500,000 BPD Oil Refinery
By: Michael Mike
The Ondo State Government has signed a Memorandum of Understanding (MOU) with Backbone Infrastructure Limited for the establishment of a 500,000 barrels per day oil refinery and development of free trade zone in Igbotiri, Ilaje Local Government Area of the state.
The signing ceremony took place at the Governor’s office in Akure.
The Secretary to the State Government, Dr. Taiwo Fasoranti represented the Governor, Dr. Lucky Aiyedatiwa at the ceremony.
He described the proposed investment as timely and strategic, assuring the investors of a peaceful and business-friendly environment.
He emphasized that the project would boost the state’s economy, create meaningful job opportunities, and reduce crime.
In his remarks on behalf of Backbone Infrastructure, the Vice President, Legal & Corporate services, Barrister Wale Adekola expressed appreciation to the Ondo State Government for the opportunity to partner in the infrastructure development of the State and assured of his company’s commitment to ensure successful delivery of the two projects.
Similarly, the Managing Director / Chief Executive of Backbone Infrastructure Nigeria Limited, Engr. Henry Owonka, revealed that the two projects would be accompanied by basic infrastructure such as roads, terminal storage tanks, and other facilities that will change the landscape of the State.
According to the MOU breakdown on the Refinery, Backbone Infrastructure Limited will hold 65% equity, while the Ondo State Government will hold 20% and the Nigerian National Petroleum Corporation Limited (NNPCL) will hold 15% stake.
Meanwhile, the investors have expressed confidence in the leadership and vision of the Aiyedatiwa-led administration, citing the clarity of purpose and support they have received as the reason for choosing Ondo State as their investment destination.
The state government equally pledged its support for the project, which is expected to transform the state’s economy and create jobs.
Present at the signing of the MOU were the Secretary to the State Government, Dr. Taiwo Fasoranti. Attorney General and commissioner for Justice, Kayode Ajulo, SAN , the ONDIPA Team while the Backbone team was led by Dr. Steve Dike, a member of the Board of Directors representing the Chairman, Senator Ken Nnamani, Managing Director/CEO Engr. Henry Owonka, the Vice President, Legal & Corporate Services, other members of the management team from the Backbone infrastructure limited among other top government functionaries.
Ondo State Government Signs MOU with Backbone Infrastructure for 500,000 BPD Oil Refinery
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Police arrest notorious gunrunners in Benue, recover rocket launcher, AK-47 rifles, thousands of ammunition

Police arrest notorious gunrunners in Benue, recover rocket launcher, AK-47 rifles, thousands of ammunition
By: Zagazola Makama
Operatives of the Force Intelligence Department–Intelligence Response Team (FID–IRT) have arrested two notorious arms traffickers and recovered a cache of deadly weapons in Abinsi town, Guma Local Government Area of Benue State.
Sources from the Benue State Police Command confirmed the development Thursday, describing the arrest as a major breakthrough in ongoing efforts to curb the proliferation of illegal arms fueling insecurity in the North-Central region.
According to the sources, the suspects led by one Adikwu Ikwulono, a known illegal arms dealer were apprehended on Wednesday following credible intelligence.
Recovered from the suspects were one rocket launcher, five AK-47 rifles, and thousands of rounds of 7.62mm live ammunition.
Police say preliminary investigations revealed that the arms were being assembled for delivery to a gang of armed herders and bandits operating around the Benue–Nasarawa border, with plans to launch coordinated attacks on several communities in Benue State.
“The suspects are currently undergoing intensive interrogation with the FID, while efforts are ongoing to apprehend other members of the arms-smuggling syndicate,” the police sources said.
Police arrest notorious gunrunners in Benue, recover rocket launcher, AK-47 rifles, thousands of ammunition
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