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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
NDLEA Arrests Ex-Lagos Councillor, Uncovers Drugs Hidden in Baby Diapers, Intercepts IED Components
NDLEA Arrests Ex-Lagos Councillor, Uncovers Drugs Hidden in Baby Diapers, Intercepts IED Components
By: Michael Mike
Operatives of the National Drug Law Enforcement Agency (NDLEA) have intensified their nationwide crackdown on drug trafficking, arresting a former Lagos councillor and uncovering a series of drug consignments concealed in unusual ways, including inside baby diapers, while also intercepting components suspected to be meant for improvised explosive devices (IEDs).
In one of the most striking arrests, NDLEA officers apprehended Sheleru Sadiq Olalekan, a former two-term councillor in Ibeju-Lekki Local Government Area of Lagos State, following intelligence linking him to illicit drug activities.
Olalekan, 45, who represented the Orimedu community during his tenure and currently serves as a legislative aide, was arrested on March 2 at his residence in Ilado, Ibeju-Lekki. A search of his home led to the discovery of 40 kilogrammes of skunk, a potent strain of cannabis, hidden in one of the rooms.
According to the agency, the suspect admitted ownership of both the drugs and the property where they were recovered.
In a separate operation in Abuja, NDLEA operatives intercepted a businessman, Emeka Okwor, 32, travelling from Obollo-Afor in Enugu State to Zuba in the Federal Capital Territory.
During a search of his luggage, officers discovered 1,000 pills of tapentadol 250mg concealed inside baby diapers. The suspect reportedly confessed that he was transporting the drugs to Guduwa village in Gurara Local Government Area of Niger State, where he operates a provision store.
On the same day, NDLEA patrol officers along the Kabba–Obajana highway in Kogi State intercepted a consignment of Colorado, a synthetic strain of cannabis weighing 1.55 kilogrammes, concealed inside a carton of a standing fan.
According to a statement on Sunday by the spokesman of the anti-narcotics agency, Femi Babafemi, the drugs were traced to a 36-year-old Cameroonian national, Mey Ali Muhamat, who was travelling in a commercial bus from Lagos to Cameroon through Lokoja, Kano and Maiduguri.
In another security-related development, NDLEA operatives on patrol along the Mokwa–Jebba road in Niger State intercepted a commercial bus transporting 500 components suspected to be used for improvised explosive devices.
The items were concealed in a white sack and were reportedly meant to be delivered to a recipient in Pelegi community. Babafemi said a swift follow-up operation led to the arrest of the alleged recipient, Osama Abdullahi, 21, in Mashegu Local Government Area.
The agency also recorded major drug seizures in other parts of the country. In Yola, Adamawa State, NDLEA officers uncovered 122,000 tramadol pills and 700 grammes of methamphetamine hidden in a false compartment of a truck carrying 2,000 cartons of local drinks.
In Kano State, a 20-year-old suspect, Muhammed Ali, was arrested at Gadar Tamburawa with 11,283 tramadol pills.
Similarly, operatives in Ogun State raided a drug hideout in Ogere, arresting Nazifi Mudansir and Kabiru Musa with 46 kilogrammes of skunk.
In Delta State, two suspects — Joy Chukwuma, 25, and Eugene Felix, 22 — were apprehended in Ogwashi-Uku with 18.63 kilogrammes of skunk, 10.8 litres of codeine-based syrup and 4,268 pills of tramadol and swinol.
A major cannabis cultivation site was also dismantled in Edo State, where NDLEA operatives arrested two suspects, Eke London, 48, and Austin Isusi, 49, at Egbisi forest in Uhumwonde Local Government Area and destroyed 1,910.25 kilogrammes of skunk on two farms.
Another suspect, Alaba Adeboye, 47, was arrested in Ikhin town, Owan East Local Government Area, with 176.5 kilogrammes of skunk.
Beyond enforcement operations, the agency said it continued to expand its War Against Drug Abuse (WADA) sensitisation campaign in schools, religious centres and communities nationwide.
The outreach programmes included awareness lectures in several secondary schools across Oyo, Niger, Zamfara, Lagos, Sokoto, Ebonyi and Anambra states.
Chairman and Chief Executive Officer of the NDLEA, Maj. Gen. Buba Marwa (Rtd.) commended officers across the Lagos, FCT, Kano, Niger, Kogi, Edo, Ogun, Delta and Adamawa commands for the arrests and seizures.
He urged them to sustain the agency’s balanced strategy of aggressive enforcement alongside public education aimed at reducing drug abuse and trafficking across the country.
NDLEA Arrests Ex-Lagos Councillor, Uncovers Drugs Hidden in Baby Diapers, Intercepts IED Components
Passenger stabbed to death after minor accident in Borno
By: Zagazola Makama
A minor road accident in Bayo Local Government Area of Borno on Saturday turned fatal after a passenger was allegedly stabbed to death during a dispute that followed the incident.
Sources said the incident occurred on March 7 at about 5:30 p.m. at Gamadadi involving a Golf vehicle and a motorcycle.
The Golf vehicle with registration number FUG 283 AE, Edo, driven by Danjuma Abdullahi of Kodom Yamaltu Deba Local Government Area of Gombe State, was conveying five passengers from Biu to Gombe State when the accident occurred.
The motorcycle, a TVS model with registration number ABM 340 QA, Abuja, was ridden by Abdullahi Umar of Dadi Kowa and had two passengers identified as Abubakar Musa and Yahaya Ibrahim.
According to police, the motorcyclist attempted to overtake the vehicle from the passenger side but collided with it and fell.
As a result of the crash, the rider and one of the passengers, Abubakar Musa, sustained minor injuries.
However, in the aftermath of the accident, Yahaya Ibrahim, 30, allegedly pulled out a knife and stabbed one of the vehicle passengers, Ahmed Mohammed, 27, of Tudun Wada Fantami in Gombe State, on the leg.
Police said the suspect also smashed the front windshield of the vehicle with a heavy stone.
The Divisional Police Officer (DPO) in Bayo led a patrol team to the scene where the victim was found in a pool of blood.
He was rushed to the Cottage Hospital in Hinna but was confirmed dead on arrival by a medical doctor.
The suspect has been arrested and the weapon used in the attack recovered as an exhibit.
Police said the corpse was photographed and later released to the victim’s family for burial in accordance with Islamic rites.
Passenger stabbed to death after minor accident in Borno
Troops repel bandit attack in Zamfara community
By: Zagazola Makama
Troops of Operation Fansan Yanma, in collaboration with police tactical teams, have repelled a bandit attack on Yankaba Village in Kaura Namoda Local Government Area of Zamfara.
Security sources said the incident occurred on March 7 at about 6:00 p.m. when suspected armed bandits stormed the community, shooting sporadically and causing panic among residents.
The sources said troops of Operation FANSAN YANMA along with other security agencies were swiftly deployed to engaged the terrorists in a gun battle.
According to the sources, the bandits were forced to retreat after encountering superior firepower from the troops. The attackers subsequently abandoned their mission and fled the area.
Troops have since intensified patrols and surveillance in the community to forestall further attacks.
The sources added that monitoring and security operations were ongoing in the area to ensure the safety of residents.
Troops repel bandit attack in Zamfara community
NDLEA Arrests Ex-Lagos Councillor, Uncovers Drugs Hidden in Baby Diapers, Intercepts IED Components
Passenger stabbed to death after minor accident in Borno
Troops repel bandit attack in Zamfara community
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