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

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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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Five Militants Killed in Attack Near Ayorou as Local Official Abducted in Niger Republic

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Five Militants Killed in Attack Near Ayorou as Local Official Abducted in Niger Republic

By: Zagazola Makama

At least five local militia members were killed following an attack by suspected Islamic State-linked gunmen in Seno village near Ayorou in Niger Republic’s Tillabéri region.

Local sources said the attack occurred at about 6:00 p.m. on May 17, 2026, when armed militants stormed the village, located approximately six kilometres from Ayorou, and targeted traders and local security volunteers operating in the area.

According to preliminary reports, at least five members of local self-defence groups engaged in securing the community were killed during the assault.

The incident came hours after the reported abduction of a local official identified as Moussa Koukou, said to be the perimeter manager of Diomana.

Sources disclosed that Koukou was kidnapped at about 11:00 a.m. while travelling in a Toyota RAV4 vehicle within the area.

Security sources believe the attack and abduction may be linked to ongoing activities of extremist groups affiliated with the Islamic State operating across the volatile Tillabéri region near the borders with Mali and Burkina Faso.

No official statement had been issued by Nigerien authorities as of the time of filing this report, while monitoring and security operations were said to be ongoing in the affected communities.

Five Militants Killed in Attack Near Ayorou as Local Official Abducted in Niger Republic

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Primaries: Aspirants protest imposition of Reps candidates in Adamawa

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Primaries: Aspirants protest imposition of Reps candidates in Adamawa

The Forum of House of Representatives Aspirants of Numan /Demsa/Lamurde Federal Constituency under the platform of All Progressives Congress (APC) in Adamawa has protested what it described as imposition of candidates in the just concluded primary elections in the state.

Speaking during the peaceful protest in Numan Local Government Area, Adamawa, Vrati Nzonzo, the spokesperson of the Forum said, the committee responsible for the conduct of the exercise and the party officials failed to abide by the rules of the game.

Nzonzo said the rules for electing candidates were through consensus or direct primaries but stressed that none of the rules were observed.

According to him, with what happened, their mandate was stolen and given to someone who did not deserve the candidacy.

“The election was supposed to be Consensus or Direct primaries but we opposed the consensus and there were no direct primaries across the Constituency”, he said.

PNzonzo called on the National Chairman APC and Governor Ahmadu Fintiri to ensure justice and fairness for the victory of the party else they threatened that they won’t vote for the party at the general elections.

Justina Nkon another aspirant also condemned the conduct of the primary election across the constituency.

According to her, the electorate were at the venue of the primaries from 8:00a.m and no officials showed up until 2:00 p.m and later on they said they had conducted the election without seeing any election materials.

She urged Fintiri to live up to the promise he made at the time of his campaign that he would not betray the people in the state.

“It’s now under your watch as the leader of the party we are witnessing the undemocratic process of primary elections by enforcing candidates who have not been elected by the people in the Constituency”, she said.

According to her, the so-called primary elections are unconstitutional, hence the need to conduct a free, fair and credible primary elections.

Usoko ken-Supule, another aspirant, demanded justice and fairness for every aspirant and for the progress of the party in the constituency, state and the country at large.
“We want justice for the progress of the party and without fairness there is no progress, therefore we are respectful party loyalists.

“We are not happy in view of what happened and we are disappointed; we are calling on the party leadership and the state governor to consider the plight of the masses”, he said.

Primaries: Aspirants protest imposition of Reps candidates in Adamawa

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Zulum Assures Immediate Relief Items, Dignified Resettlement of Displaced Persons in Monguno

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Zulum Assures Immediate Relief Items, Dignified Resettlement of Displaced Persons in Monguno

By: Our Reporter

Borno State Governor, Professor Babagana Umara Zulum, has assured displaced communities affected by insecurity that the government is working closely with the Nigerian military hierarchy to provide immediate humanitarian and long-term support.

Governor Zulum gave the assurance when he visited displaced persons in Monguno town on Sunday, reaffirming his administration’s commitment to ensuring dignified resettlement back to their ancestral communities.

While at the IDP camp, the governor interacted directly with displaced families as women, children and elderly residents gathered around him while he listened to their concerns.

“We have examined the situation critically alongside the hierarchy of the Nigerian military, and it has been concluded that we shall provide immediate humanitarian support to these displaced communities, especially in the areas of water, shelter, and sanitation,” Zulum stated.

“Apart from this, we shall also ensure that medium and longer-term sustainable solutions are being adopted, which is acceptable to this community and their ancestral home,” he said.

“We will improve the living conditions of the displaced persons; we will not allow our citizens to endure such hardship without urgent government intervention.”

He also urged residents to cooperate with security agencies by reporting suspicious movements and activities within their communities, noting that sustaining peace and security requires collective responsibility.

“Security is everybody’s business. Communities must continue to support security agencies with timely and useful information,” the governor stated.

Governor Zulum disclosed that there are over 50,000 returnees in Marte, stressing that plans were underway to facilitate the return of more displaced persons to the town as part of the medium and longer-term solution.

He immediately directed the Secretary to the State Government, the Commissioner for Local Government, the Commissioner for Internal Security, and the Chairman of Marte Local Government Area to work out the modalities for implementing the recommendations adopted.

The governor sympathized with the people affected by the recent insecurity and reaffirmed the government’s commitment to supporting them.

As part of the visit, Governor Zulum also met with health workers at the Monguno Eye Hospital, commending them for continuing to provide medical services despite difficult working conditions and limited resources. He announced financial support to improve their welfare and encourage greater commitment to healthcare delivery in the area.

The governor also visited the Commanding Officer of Forward Operation Base (FOB) Mairari for a security brief.

Governor Zulum was accompanied by the Senator representing Borno North, Senator Mohanmed Tahir Monguno; Speaker of Borno State House of Assembly, Rt. Hon. Abdulkarim Lawan, Member Representing Marte, Monguno, Nganzai, Hon. Bukar Talba, Secretary to the state government, Bukar Tijani, Commissioner for Information and Internal Security, Prof. Usman Tar, Commissioner for Local Government and Emirate Affairs, Hon. Sugun Mai Mele, alongside other government officials.

Zulum Assures Immediate Relief Items, Dignified Resettlement of Displaced Persons in Monguno

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