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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
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Three chadian nationals feared dead as canoe capsizes in Gamboru-Ngala, Borno
Three chadian nationals feared dead as canoe capsizes in Gamboru-Ngala, Borno
By: Zagazola Makama
Tragedy struck on Sunday evening in Gamboru-Ngala, Borno State, when a canoe carrying eight passengers capsized while crossing the river bordering Nigeria’s Gamboru town and Fotokol in Cameroon, leaving three persons feared dead.
Zagazola Makama gathered that the incident occurred at about 6:30 p.m. when the canoe, operated by one Mamman Nur Abbagana of Kasuwan Katako, Gamboru, overturned midstream with all passengers thrown into the water.
Security sources confirmed that all eight passengers were Chadian nationals travelling from Jos, Plateau State, en route to N’Djamena, Chad Republic.
Five passengers, whose identities were yet to be confirmed at press time, were rescued alive.
However, a woman identified as Alphosine Makebu Beboroum, 34, and her two daughters Centich Mamajibe, 3, and Mamajilem Bebaroum, 10 months, all Chadian nationals, drowned and had not yet been recovered as of Monday morning. The search and rescue mission is still ongoing.
Meanwhile, Police authorities also confirmed the arrest of the canoe paddler for violating the Borno State Government’s directive mandating the use of life jackets by all canoe and boat operators.
The command said preliminary investigations were ongoing.
Three chadian nationals feared dead as canoe capsizes in Gamboru-Ngala, Borno
News
How Nigeria’s rapid military intervention in Benin reshaped West Africa’s anti-coup momentum
How Nigeria’s rapid military intervention in Benin reshaped West Africa’s anti-coup momentum
By: Zagazola Makama
The failed coup attempt in Benin Republic is far more than an isolated disturbance in West Africa. It is a political earthquake whose tremors are being felt all the way from Cotonou to Bamako, Niamey and Ouagadougou.
For the military juntas entrenched in the Sahel, Sunday’s events were a nightmare scenario a decisive blow to their hope of expanding the “putschist club” across the region.
President Patrice Talon’s firm, composed address to the nation late Sunday night delivered the final stamp of legitimacy. But what many are now acknowledging is this: Nigeria’s swift and disciplined intervention was the game-changer.
In the early hours of the crisis, as coup plotters seized the National TV station and attempted to entrench themselves, the Government of the Republic of Benin activated its mutual defence channels with Abuja. Within minutes, Nigeria’s Chief of Defence Staff, General Olufemi Oluyede, acting under the directive of President Bola Ahmed Tinubu, activated a rapid-response military operation.
The Nigerian Air Force fighter jets were ordered into Beninese airspace to dominate the skies, neutralise hostile positions, and support loyalist forces. Simultaneously, Nigerian ground forces mobilised and crossed into Benin under Benin-led coordination, providing reinforcement to secure key installations and restore constitutional order.
This single act of regional leadership changed the trajectory of the coup, shattered the momentum of the plotters, and halted what could have become a prolonged national crisis.
ECOWAS was already mobilising, but Nigeria’s decisive action set the tone and provided the operational backbone that ended the coup within hours. It was a clear demonstration that Abuja remains the stabilising anchor of West Africa politically, diplomatically, and militarily.
As Talon spoke last night, the fear in junta capitals was visible. Social media networks aligned with the juntas scrambled to spin the failure: “It’s not over yet!” “Talon is bluffing!” “Stay vigilant!”
But beneath the bravado was panic. Their long-held dream to expand military rule into coastal West Africa had collapsed and Nigeria’s intervention made that collapse irreversible.The night became a theatre of desperation, with fake democrats, pseudo-intellectuals and Pan-African opportunists trying to salvage their ideological embarrassment. They resorted to tired diversionary tactics, attacking ECOWAS, questioning its motives, and searching for excuses.
But the truth was undeniable: The coup failed because the region, led by Nigeria, refused to allow another country to fall. But expected, some Nigerians, often those who do not follow security operations, took to social media asking: “Why didn’t Nigeria use this same energy against terrorists and bandits?”
An absurd question. It is as if these people have never seen the daily reports of: Dozens of terrorists neutralised across Zamfara, Katsina, Kaduna and Borno, mass destruction of ISWAP and Boko Haram enclaves, bandit kingpins eliminated, thousands of kidnapped victims rescued, large quantities of weapons recovered, aerial bombardments carried out week after week
Nigeria has been fighting terrorists with unmatched intensity, To compare the two operations, one a cross-border rapid-intervention mission lasting hours, and the other a domestic counterterrorism war spanning over 15 years is intellectually dishonest. What happened in Benin was not “energy Nigeria never shows.” It was a different type of mission a rapid, high-precision, multinational constitutional defence operation and Nigeria executed it flawlessly.
The larger significance of the failed coup is now evident. It has: exposed the weakness of the Sahel juntas, halted their push to expand military authoritarianism southwards, sent a message that ECOWAS has finally adapted and will no longer tolerate illegal takeovers and reaffirmed Nigeria’s decisive role in shaping regional security outcomes.
The supporters of the juntas are terrified and they should be. Because Sunday marked the beginning of a new countdown. The ideological project of the Sahel military regimes is weakening, and their attempt to export instability has backfired spectacularly. The next months will be critical. The Sahelian juntas, already struggling with insecurity, economic collapse, and public frustration, now face an emboldened regional order.
Nigeria’s leadership, demonstrated so clearly in Benin, has restored confidence that democratic stability in West Africa can and will be defended.
The failed coup in Benin did not only preserve a nation’s democracy. It reset the balance of power in the region. And Nigeria stood at the centre of that pivotal moment.
The clock is ticking for the putschist regimes.
History has resumed its rightful course.
Zagazola Makama is a Counter Insurgency Expert and Security Analyst in the Lake Chad Region
How Nigeria’s rapid military intervention in Benin reshaped West Africa’s anti-coup momentum
News
“Road Home is Open”: Zulum Brings Hope to 12 000 Nigerian Refugees in Cameroon
“Road Home is Open”: Zulum Brings Hope to 12 000 Nigerian Refugees in Cameroon
By: Our Reporter
Borno State Governor, Professor Babagana Umara Zulum, has reaffirmed his administration’s commitment to restoring the dignity of victims of insurgency, including Nigerian refugees in the neighbouring countries of Cameroon, Chad, and Niger.
Governor Zulum gave this assurance while addressing refugees at the Minawao camp in Cameroon’s Far North region, as part of government efforts to repatriate those who remain. Over 12, 000 Nigerian refugees from Kirawa, Ngoshe, Ashigashiya and surrounding communities in Gwoza Local Government Area have been living in the camp for more than a decade.

The governor’s visit provided a significant relief and renewed optimism as he interacted with the refugees. For many, his presence signalled that the long road home was finally opening, describing the moment as their “first real assurance”.
Governor Zulum informed the refugees that adequate security arrangements have been put in place in their home communities, following years of expanded military operations and civilian security initiatives across Gwoza and other parts of Borno.
“The welfare of refugees, internally displaced persons, and returnees remains a priority for us,” Zulum said, noting that rebuilding the lives of insurgency survivors is a core pillar of his administration’s humanitarian and development agenda.
The governor also announced cash support for shelter rehabilitation for those willing to return, a measure designed to help returnees begin reconstructing their homes. In addition, he pledged to drill boreholes for the refugees.
“Borno State in partnership with the federal government will provide a cash assistance of N500 000 to each refugee that is willing to return home, while women households will be given N100,000 each,” Zulum announced.
The governor of the Far North Region, Cameroon, Mijinyawa Bakari, praised Governor Zulum’s unwavering commitment, describing his continued support for displaced Nigerians in Cameroon as exemplary and deeply humanitarian.
“Borno State Governor has consistently demonstrated genuine concern and responsibility for his people, even beyond Nigeria’s borders,” Bakari stated.
He acknowledged the sustained humanitarian assistance, particularly the governor’s long-standing interventions in the Minawao Refugee Camp.
“Zulum’s physical presence and hands-on support has not only provided relief to the refugees but has also strengthened cooperation between Nigeria and Cameroon in addressing displacement and regional stability,” he added.
During his visit, Governor Zulum also toured farmlands allocated to the refugees by the Cameroonian government, which have become their primary source of livelihood.
While assessing the fields, he commended the refugees’ resilience and the host authorities’ generosity. He assured farmers that his administration would support their agricultural activities by providing irrigation kits and water sources to boost productivity.
“Empowering refugees to maintain their livelihoods is central to restoring dignity and ensuring a smooth transition back into their communities,” Zulum stressed.
The governor was accompanied by the senator representing Borno South, Senator Mohammed Ali Ndume; the member of the House of Assembly representing Gwoza, Hon. Abdullahi Buba Abatcha; commissioners, the Chairman of Gwoza Local Government, and other officials.
“Road Home is Open”: Zulum Brings Hope to 12 000 Nigerian Refugees in Cameroon
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