Connect with us

News

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

Published

on

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

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

News

Democracy Day: Zulum gives 2 MRAPs, other logistics to Army, celebrates with IDPs

Published

on

Democracy Day: Zulum gives 2 MRAPs, other logistics to Army, celebrates with IDPs

By: Michael Mike

Borno State Governor, Babagana Umara Zulum, marked Democracy Day with the handover of two Mine-Resistant Ambush Protected (MRAP) vehicles and critical logistics to the Nigerian Army, after joining internally displaced persons (IDPs) for a symbolic celebration and distribution of food items to 2,500 beneficiaries.

The armoured MRAPs delivered to the Theatre Command of Operation Hadin Kai on Friday are intended to enhance troop protection against improvised explosive devices (IEDs) and ambushes which remain a persistent threat in the fight against insurgents. Additional logistics include operational Hilux vehicles and motorcycles for frontline soldiers in difficult terrains.

Zulum also marked Nigeria’s Democracy Day celebration with Internally Displaced Persons (IDPs) at the Madinatu camp where he distributed food supplies, non-food items, and cash gifts to thousands of beneficiaries.

The distribution, held at the Madinatu IDP camp, served to consolidate Zulum’s resettlement gains. Over the past seven years, Borno State Government has successfully resettled more than 2 million IDPs in their ancestral communities in a dignified and voluntary manner.

“It gladdens my heart today, the 12th of June, 2026, to celebrate June 12th, Democracy Day, here in Madinatu Camp, the only formal camp that is standing inside Maiduguri Metropolitan Council, today, to the glory of God and the benefit of mankind, for the distribution of food and non-food items. Inshallah, this camp will be closed this year. This will be our last distribution exercise in this camp, or the second to the last,” Zulum said.

However, Governor Zulum used the occasion to announce a timeline for the camp’s closure. The governor ordered that Madinatu camp be shut down within one month, vowing to similarly close most IDP camps across various Local Government Areas in the coming phase of his administration’s resettlement strategy.

“Democracy must translate into restoring the dignity of our people,” Zulum told the IDPs. “Living in camps is not a permanent solution. Our goal remains to return every displaced person to their ancestral homes with security and means of livelihood.”

In addition to the food items, Zulum approved N50,000 each for the 2,500 beneficiaries present at the event.

“Each of the 500 beneficiaries mentioned will receive a 25kg bag of rice and a 25kg bag of sorghum. Women will receive wrappers. I also promise to provide 50,000 naira to each beneficiary. This amount can be credited into their own individual accounts, inshallah,” Zulum said.

The exercise was attended by the APC’s State Deputy Chairman, Garba Mulima, APC State Vice Chairman (Central) Abdur Rahman Abdulkarim, Acting Chief of Staff, Dr Babagana Mallumbe, Member representing Jere at the State Assembly, Abba Kyari Kolo, commissioners and commissioner designates and several other senior government officials.

Democracy Day: Zulum gives 2 MRAPs, other logistics to Army, celebrates with IDPs

Continue Reading

News

Gov. Yusuf Commends DSS Over Arrest of Suspected Gun Courier in Kano

Published

on

Gov. Yusuf Commends DSS Over Arrest of Suspected Gun Courier in Kano

By: Michael Mike

Kano State Governor, Abba Kabir Yusuf, has commended the Department of State Services (DSS) for the arrest of a suspected gun courier intercepted while allegedly transporting weapons believed to be destined for criminal elements in Katsina State.

The commendation was contained in a statement issued by the Governor’s spokesperson, Sunusi Bature Dawakin Tofa, on Thursday, June 12, 2026.

Governor Yusuf described the operation as a major breakthrough in the ongoing fight against banditry, terrorism and other violent crimes threatening communities across Northern Nigeria.

According to information provided by the DSS, the suspect, identified as Muhammad Abubakar, 30, was apprehended in Gezawa Local Government Area of Kano State while allegedly transporting four rocket-propelled grenade (RPG) tubes, three AK-47 rifles and two empty magazines to Funtua in Katsina State.

Preliminary investigations reportedly revealed that the suspect collected the weapons from an individual identified as Bello in the Maigatari border area of Jigawa State and was expected to receive N450,000 upon successful delivery of the arms.

Governor Yusuf praised the professionalism, vigilance and intelligence-driven approach of DSS operatives, noting that the timely interception prevented the weapons from falling into the hands of bandits and other criminal groups.

He said the operation underscored the critical role of intelligence gathering and effective collaboration among security agencies in tackling emerging security threats across the country.

The governor reaffirmed the commitment of the Kano State Government to supporting security agencies through sustained cooperation, logistics assistance and policies aimed at strengthening public safety throughout the state.

He also urged residents to remain vigilant and continue providing credible information to security agencies to aid efforts to combat crime and maintain peace.

Governor Yusuf expressed confidence that ongoing investigations would lead to the arrest and prosecution of all individuals connected to the alleged arms trafficking network.

The statement was signed by Sunusi Bature Dawakin Tofa, Director General, Media and Publicity, Government House, Kano.

Gov. Yusuf Commends DSS Over Arrest of Suspected Gun Courier in Kano

Continue Reading

News

June 12: Credible Elections Are a Fundamental Human Right, Not a Privilege – NHRC

Published

on

June 12: Credible Elections Are a Fundamental Human Right, Not a Privilege – NHRC

By: Michael Mike

As Nigeria marks Democracy Day, the Executive Secretary of the National Human Rights Commission, Chief Tony Ojukwu (OFR, SAN), has declared that credible elections are a fundamental human right that must be guaranteed to every citizen, rather than a privilege granted by those in power.

In a statement commemorating the significance of June 12, Ojukwu said the annulled 1993 presidential election remains the strongest evidence that Nigeria is capable of conducting free, fair, and transparent elections when democratic institutions respect the will of the people.

According to him, the electoral framework introduced by Humphrey Nwosu, particularly the Option A4 and Modified Open Ballot systems, demonstrated that electoral credibility is achievable when election management bodies operate with integrity, transparency, and strict adherence to the law.

The NHRC boss emphasized that the right of citizens to participate in governance through genuine elections is guaranteed under Nigeria’s Constitution and regional human rights instruments, stressing that electoral misconduct amounts to a direct assault on fundamental freedoms.

He noted that practices such as voter suppression, vote buying, electoral violence, and manipulation of election results should not be viewed merely as administrative shortcomings but as serious violations of civil and political rights.

Ojukwu expressed concern that more than three decades after the June 12 election, many of the challenges that undermine electoral credibility continue to persist, weakening public confidence in democratic institutions and diminishing citizens’ faith in the electoral process.

“Whenever elections lose their integrity, the rights to freedom of expression, association, participation, and peaceful assembly are also placed at risk,” he said.

The human rights advocate called on the Independent National Electoral Commission (INEC), political parties, security agencies, the judiciary, civil society organizations, and the media to remain committed to neutrality, transparency, and accountability in the conduct of elections.

He assured Nigerians that the Commission would intensify its monitoring of electoral processes across the country, document violations, and pursue appropriate remedies for victims in line with its statutory mandate.

Ojukwu also urged the National Assembly to strengthen legal safeguards that protect the independence of electoral institutions and improve citizens’ access to electoral justice.

He maintained that institutionalizing electoral integrity remains critical to deepening democracy and safeguarding the right of every Nigerian to freely choose their leaders, adding that the NHRC is prepared to collaborate with government and other stakeholders to ensure that credible elections become a permanent feature of the nation’s democratic culture.

The statement, signed by Director of Corporate Affairs and External Linkages, Fatimah Agwai Mohammed, underscored the Commission’s commitment to advancing democratic governance through the protection and promotion of electoral rights.

June 12: Credible Elections Are a Fundamental Human Right, Not a Privilege – NHRC

Continue Reading

Trending

Verified by MonsterInsights