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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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VP Shettima Departs Abuja To Represent President Tinubu At G20 Leaders’ Summit In South Africa
VP Shettima Departs Abuja To Represent President Tinubu At G20 Leaders’ Summit In South Africa
By: Our Reporter
Following the decision of President Bola Ahmed Tinubu, GCFR, to stay back in Nigeria and attend to security concerns in the country, Vice President Kashim Shettima has departed Abuja to represent the President at the G20 Leaders’ Summit in Johannesburg, South Africa @g20org.

President Tinubu had postponed his earlier scheduled trip to Johannesburg, South Africa to await further security briefings on the recent security incidents in Kebbi and Kwara States.
President Cyril Ramaphosa, the South African leader who also serves as the current President of the G20 group had invited his Nigerian counterpart to participate in this year’s edition.

The Summit, scheduled to take place from Saturday, November 22nd, to Sunday, November 23rd, at the Johannesburg Expo Centre, brings together leaders from the world’s top 20 economies, including the European Union, the African Union, financial institutions, among others.

The Vice President will return to Nigeria at the end of the engagements.
VP Shettima Departs Abuja To Represent President Tinubu At G20 Leaders’ Summit In South Africa
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PRESIDENT TINUBU ASKS MATAWALLE, MINISTER OF STATE FOR DEFENCE, TO MOVE TO KEBBI OVER SCHOOLGIRLS’ ABDUCTION
PRESIDENT TINUBU ASKS MATAWALLE, MINISTER OF STATE FOR DEFENCE, TO MOVE TO KEBBI OVER SCHOOLGIRLS’ ABDUCTION
By: Our Reporter
President Bola Tinubu has asked the Minister of State for Defence, Alhaji Bello Matawalle, to relocate to Kebbi State over the abduction of 25 schoolgirls in the state.
Matawalle, who was formerly governor of Zamfara State, was asked to remain in the state to monitor security efforts to secure the release of the abducted students.
Gunmen abducted 24 students of Government Girls Comprehensive Secondary School in Maga town, Kebbi State, around 4 am on Monday.
Matawalle, who is expected to arrive in Birni-Kebbi on Friday, gained some experience in dealing with banditry and mass kidnapping during his tenure as governor of Zamfara State from 2019 to 2023.
On 26 February 2021, armed bandits abducted 279 female students aged between 10 and 17 at the Government Girls Science Secondary School, a boarding school in Jangebe, in Zamfara State. The bandits released all the hostages on 2 March 2021.
President Tinubu had postponed his scheduled trip to Johannesburg, South Africa, and Luanda, Angola, as he awaited further security briefings on the kidnapped Kebbi schoolgirls and the attack on Christ Apostolic Church worshippers in Eruku, Kwara State.
PRESIDENT TINUBU ASKS MATAWALLE, MINISTER OF STATE FOR DEFENCE, TO MOVE TO KEBBI OVER SCHOOLGIRLS’ ABDUCTION
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President Tinubu Hails Jonathan’s Eternal Covenant Of Service At Foundation’s 10th Anniversary
President Tinubu Hails Jonathan’s Eternal Covenant Of Service At Foundation’s 10th Anniversary
*Says Nigeria’s democracy thrives because of leaders who place nation above ambition
By: Our Reporter
President Bola Ahmed Tinubu has praised former President Goodluck Jonathan as a guardian of democracy whose legacy extends far beyond his time in office.
The President described Jonathan as a profound lesson on life after public service, who preserved Nigeria’s democracy at a moment when it mattered most.
Speaking on Thursday during the 10th anniversary dinner of the Goodluck Jonathan Foundation in Abuja, President Tinubu, who was represented by his deputy, Vice President Kashim Shettima, said the former president’s decision to establish the foundation demonstrates that “life begins anew when we leave the high offices for which we are elected.
“There can never be enough words to express the depth of our national gratitude to him,” President Tinubu said, adding that Jonathan has “remained the same guardian of our collective values since leaving office.”
The President drew a contrast between leaders who use their post-office influence destructively and those who devote themselves to serving humanity.

“Some choose a vehicle that serves only themselves, one that pursues causes capable of harming the very society that once carried them. The other group chooses a nobler path: devoting their life to the service of humanity,” he said.
President Tinubu warned that democracy across West Africa and globally has come under severe threat over the past decade, weakened by “adventurists, by extremists, by actors intoxicated by power, by those who see institutions as inconveniences and elections as formalities.”
He emphasised that Jonathan had demonstrated a crucial principle that nobody’s ambition supersedes the sovereignty of the state.
The President called for national unity and respect for democratic processes, urging Nigerians to accept electoral outcomes regardless of personal preferences.
“No matter whether our preferred candidates win or lose, we must learn to respect the wishes of those who vote differently. Because democracy offers us repeated opportunities to renew our mandates.”
President Tinubu described the foundation as a template for us everyone, noting that service is a continuum and that leaving office is not the end of one’s national duty but the beginning of a new chapter.
He said, “No government can succeed without the cooperation of its people, and no people can advance without a government that listens and leads with clarity. Our democracy stands because of people like former President Goodluck Jonathan. People who believe that the Nigerian state is bigger than any individual.”
The President congratulated former President Jonathan and his team, expressing hope that the foundation would continue to be a light on our path toward a more peaceful and prosperous Africa.
Earlier, former President Jonathan thanked Vice President Shettima, former President Ernest Koroma of Sierra Leone and other dignitaries for the honour of attending his Foundation’s 10th anniversary.
Recalling the incident that led to birthing of the Goodluck Jonathan Foundation, the former President said the focus of the foundation was prompted by his experience and challenges while in office as Nigeria’s leader.
He said over the years, the foundation has paid close attention and worked relentlessly on the issues of diplomacy, good governance, election management and promoting the development of democratic institutions.
Dr Jonathan expressed his condolences over the recent incidents of abduction and attack on citizens across the country, calling on political leaders to be more responsible to the issue plaguing the security and wellbeing of Nigerians.
In his remarks, the guest speaker, Dr Mohammed Ibn Chambas, underscored the significance of functional democracy in Nigeria, emphasizing that the youths must be at the centre of all interventions.
He said that building a stable future for Africa must be anchored on the functionality of democratic institutions, effective youth empowerment schemes, a free press and an independent judiciary.
Dr Chambas extolled the leadership qualities of President Goodluck Jonathan, describing him as an African leader who believes in the values of true democracy and the sanctity of human lives, noting that the former president has proven his relevance even outside public office.
Also present at the event were former President of Sierra Leone, Dr Ernest Bai Koroma; former First Ladies, Dame Patience Jonathan and Hajiya Maryam Abacha; Former Secretaries to the Government of the Federation, Senator Pius Anyim and Mr Boss Mustapha; former Speaker of the House of Representatives, Sen. Aminu Waziri Tambuwal; former Governors of Imo State, Hon. Emeka Ihedioha; Sokoto, Attahiru Bafarawa; Adamawa, Boni Haruna; Plateau, Chief Jonah Jang; philantropist, Hajiya Bola Shagaya; former deputy governors; serving and former legislators; former Ministers; the Ooni of Ife, HRM, Oba Adeyey Enitan Ogunwusi, and captains of Industry, among others.
President Tinubu Hails Jonathan’s Eternal Covenant Of Service At Foundation’s 10th Anniversary
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