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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
NEDC Deploys ₦3bn Ophthalmic Equipment, Begins Training at Maiduguri Eye Hospital
By: Michael Mike
The North East Development Commission (NEDC) has commenced a two-week Ophthalmology Equipment Set-Up and Training Programme at the Maiduguri Eye Hospital in Borno State, following the deployment of advanced eye-care equipment valued at over N3 billion.
The programme, which began on Monday, marks a major step in the Commission’s efforts to improve specialist healthcare delivery and address preventable blindness across the North-East region.
Activities on the first day included the installation, calibration, and coupling of cutting-edge ophthalmic equipment, alongside the start of hands-on technical and clinical training sessions. The exercise is aimed at ensuring the newly supplied equipment is fully operational and optimally configured for effective eye-care services.
The training is being led by Prof. Abdull Mohammed Mahdi, a Chief Consultant in Ophthalmology, with support from Dr. Abuh Sunday, also a Chief Consultant, and a multidisciplinary team of experts in ophthalmology and biomedical engineering.
Participants include consultant ophthalmologists, resident doctors, ophthalmic nurses, optometrists, and biomedical engineers from the Maiduguri Eye Hospital and the University of Maiduguri Teaching Hospital (UMTH). They will receive intensive practical training on the operation, maintenance, and efficient use of the equipment.
According to the NEDC, the initiative is expected to significantly enhance the hospital’s diagnostic and surgical capacity, particularly in the management of cataract and glaucoma cases. The Commission noted that the intervention aligns with its long-term objective of transforming Maiduguri Eye Hospital into a regional centre of excellence for ophthalmic care.
In addition to the equipment deployment and training, the Commission is undertaking extensive renovation and infrastructure upgrades at the hospital to support modern clinical operations and improve patient experience.
The NEDC is also extending similar ophthalmic interventions across other states in the North-East. Of note is the ongoing construction of an ultra-modern Eye Institute at the Abubakar Tafawa Balewa University Teaching Hospital (ATBUTH) in Bauchi, which commenced last year and is scheduled for accelerated implementation this year.
Officials of the Commission described the intervention as a strategic investment that combines modern medical infrastructure with deliberate human capacity development, noting that the ₦3 billion equipment deployment and training programme will have a lasting impact on access to quality eye-care services in the region.
NEDC Deploys ₦3bn Ophthalmic Equipment, Begins Training at Maiduguri Eye Hospital
NSCDC personnel, 16 others arrested in raid of criminal hideout in Yobe
By: Zagazola Makama
Security operatives in Yobe State have raided a notorious criminal hideout in the Saman Tudu area of Pompomari District, Damaturu, arresting a personnel of the Nigeria Security and Civil Defence Corps (NSCDC) and 16 other suspects.
A reliable source told Zagazola Makama that the raid was carried out on Jan. 18 at about 7:20 p.m. following a coordinated, intelligence-driven operation targeting criminal elements who use the area as a haven.
The source said the enclave served as a convergence point for trafficking and consumption of illicit drugs, as well as planning and execution of various criminal activities within the community.
“During the operation, the team stormed and ransacked the hideout, leading to the arrest of 17 suspects, including one Mohammed B. Kolo, identified as an NSCDC personnel attached to the Yobe State Command,” the source said.
He added that exhibits recovered from the scene included a knife, five bicycles, dried leaves suspected to be cannabis sativa, hemp wrapping papers, a long sack used as a mat and the sum of N8,500 found inside a sack suspected to contain the drugs.
The suspects are currently in custody while investigation is ongoing to determine their level of involvement in criminal activities.
The source said those found culpable would be charged to court for prosecution after the conclusion of investigations.
Residents were urged to continue supporting security agencies with timely and credible information to sustain the fight against crime in the state.
NSCDC personnel, 16 others arrested in raid of criminal hideout in Yobe
Chadian security forces recover cache of arms, arrest suspects in N’Djamena
By: Zagazola Makama
Chadian security forces on Sunday recovered a large cache of weapons and ammunition during a joint search operation in parts of the capital, N’Djamena, as part of intensified efforts to combat insecurity.
Sources Zagazola Makama that the operation was carried out in the 10th arrondissement and parts of the 2nd arrondissement of the city.
According to the sources, the joint team of internal security forces seized 28 pistols, 14 other firearms, and more than 1,000 rounds of assorted ammunition during the raid.
They also recovered military equipment and six vehicles suspected to be linked to criminal activities.
“Two gun owners were arrested during the operation and are currently in custody for further investigation,” a senior security official said.
He explained that the exercise was conducted under the supervision of top security authorities and formed part of broader measures to dismantle criminal networks and curb the proliferation of illegal arms in the capital.
The official added that the recovery of the weapons had significantly disrupted the operations of armed groups and criminal elements in the affected districts.
He reaffirmed the commitment of the Chadian security services to sustaining pressure on all groups involved in arms trafficking, banditry and other threats to public safety.
“The security forces will continue intelligence-led operations to ensure the safety of lives and property across the country,” he said.
Chadian security forces recover cache of arms, arrest suspects in N’Djamena
Gunmen attack churches, abduct unspecified number of worshippers in Kajuru, Kaduna
NEDC Deploys ₦3bn Ophthalmic Equipment, Begins Training at Maiduguri Eye Hospital
NSCDC personnel, 16 others arrested in raid of criminal hideout in Yobe
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