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

Hunters rescue kidnapped herder, neutralise gang leader in Yobe

Published

on

Hunters rescue kidnapped herder, neutralise gang leader in Yobe

By: Zagazola Makama

A local hunters’ group has successfully rescued a kidnapped herder, Alhaji Babawuro, from captivity in Yobe State without payment of ransom, following a coordinated operation with security authorities.

Sources told Zagazola Makama that the Babawuro, a resident of Kurbunga village under Shamka District of the Ngelzarma Emirate in Fune Local Government Area, was abducted at about 2:00 a.m. on Nov. 29, 2025, and taken to an unknown location.

The sources said the incident was reported to the Damagum Police Division on Nov. 30, after which the kidnappers contacted the victim’s family and demanded a ransom of N50 million.

“It was the fifth time the victim had been kidnapped, apparently due to his status as a wealthy herder,” the sources said.

They explained that while negotiations were ongoing and the police were making arrangements to transfer the case to the State Criminal Investigation Department for further investigation, the Special Adviser on Security Matters to the Yobe State Governor and the Emir of Ngelzarma held consultations with the Commissioner of Police.

According to the sources, it was agreed that a hunters’ group with proven expertise in kidnap rescue operations should be engaged to assist the police.

“The hunters subsequently took over negotiations, which were reduced to N7 million, while efforts were intensified to trace the kidnappers,” the sources said.

They added that the hunters traced the victim and the kidnappers to Sandi village in Gulani Local Government Area.

“At about 4:30 a.m. on Thursday, Dec. 11, the hunters stormed the hideout and successfully rescued the victim without paying any ransom,” the sources said.

During the operation, the leader of the kidnap gang, identified as Ahmadu Shuwa, also known as “Sumo,” was neutralised, while another suspect, Mohammed Bello, sustained gunshot injuries.

The sources further disclosed that two other members of the gang were arrested and have confessed to the crime.

The rescued victim, who has since reunited with his family, was treated at the State Specialist Hospital, Damaturu, and later reported the incident at the Damagum Police Station.

Efforts are ongoing to recover the weapons used by the kidnappers ahead of handing over the suspects and exhibits to the Nigeria Police for further investigation and prosecution.

The hunters’ group were commended for their role in the successful rescue operation.

Hunters rescue kidnapped herder, neutralise gang leader in Yobe

Continue Reading

News

EXCLUSIVE: President approves establishment of new Nigerian Army Depot in Abakaliki, Ebonyi

Published

on

EXCLUSIVE: President approves establishment of new Nigerian Army Depot in Abakaliki, Ebonyi

By: Zagazola Makama

The President of Nigeria, Bola Ahmed Tinubu, has approved the establishment of a new Depot Nigerian Army in Abakaliki, Ebonyi State, as part of efforts to expand the manpower and operational capacity of the Nigerian Army.

Sources told Zagazola Makama that the new Depot would complement existing Army training facilities and ensure a steady stream of well-trained personnel for deployment across the country.

Military source said the initiative is in line with the Nigerian Army’s strategic plan to enhance national security and produce combat-ready soldiers capable of addressing diverse security challenges, including terrorism, insurgency, and other internal threats.

The new Depot is expected to provide specialist and mission-oriented training, focusing on marksmanship, fieldcraft skills, and operational readiness. It will also incorporate measures to safeguard the welfare and wellbeing of recruits during and after their service.

The establishment of the Depot in Abakaliki follows recent efforts of the federal government to improve manpower of the Nigerian Military.

EXCLUSIVE: President approves establishment of new Nigerian Army Depot in Abakaliki, Ebonyi

Continue Reading

News

COAS charges 3,439 new Nigerian Army recruits to uphold professionalism, soldier ethos

Published

on

COAS charges 3,439 new Nigerian Army recruits to uphold professionalism, soldier ethos

By: Zagazola Makama

The Chief of Army Staff (COAS), Lieutenant General W. Shaibu, on Saturday charged 3,439 newly enlisted recruits of the Nigerian Army to uphold professionalism, soldier ethos, and the core values of the service as they begin their military careers.

Speaking at the passing out parade of the Regular Recruits Intake at Depot Nigerian Army Zaria, Lieutenant General Shaibu described the event as a milestone in the Nigerian Army’s strategic drive to expand its manpower and strengthen national security.

“It is indeed gratifying to note that the Nigerian Army’s strategic goal of expanding its manpower has been given a significant boost with this passing out parade.

“For these young Nigerians, today marks the beginning of a journey of sacrifice, patriotism, and commitment to the service of our nation,” he said.

The COAS urged the recruits to take pride in joining the Army at a critical moment in Nigeria’s history, when the country faces multiple security challenges including terrorism, insurgency, and other threats to national stability.

“You are now stakeholders in the noble task of securing our fatherland. The challenges ahead are daunting, but the rigorous training you have received, coupled with the purposeful leadership you will encounter in the field, will prepare you for whatever the future holds,” he said.

Shaibu charged the recruits to exhibit warrior ethos, diligence, discipline, and professionalism as they integrate into various formations and units.

He assured that their welfare and wellbeing have been prioritized, with all necessary measures put in place to support them in and out of service.

The COAS highlighted reforms in Army training across the three depots, emphasizing the streamlining of curricula to focus on marksmanship, fieldcraft, and mission-oriented skills necessary to produce combat-ready and lethal soldiers.

He also noted that recruits would have access to specialist training to maintain operational readiness throughout their careers.

In addition, Lieutenant General Shaibu informed the recruits that President Bola Ahmed Tinubu has approved the establishment of a new Depot Nigerian Army in Abakaliki, Ebonyi State, aimed at boosting training capacity and providing more well-trained troops for deployment across the country.

He further announced that other depots, including Depot Nigerian Army Osogbo, will soon hold similar passing out parades.

“Our command philosophy is to advance the transformation of the Nigerian Army into a more professional, adaptable, combat-ready, and resilient force, capable of decisively discharging its constitutional responsibilities within a joint and multi-agency environment.

“Our soldiers are the core and enduring strength of the Nigerian Army, and your training and welfare remain critical to our success,” he said.

The COAS commended the commandants, staff, and instructors of Depot Zaria for producing a steady stream of well-trained manpower capable of contributing effectively to national security objectives.

He also expressed appreciation to President Tinubu, the Executive Governor of Kaduna State, Senator Uba Sani, and the Emir of Zazzau, Ambassador Alhaji Ahmad Nuhu Bamalli, for their steadfast support to the Nigerian Army and hosting the Depot.

Lieutenant General Shaibu concluded by congratulating the families of the recruits for supporting their decision to join the Nigerian Army and urged the soldiers to act with hope, courage, and determination.

“Always act with the hope for success and never with the fear of failure. Uphold the values and ethos of the Nigerian Army as you serve the nation,” he said.

The parade, which included full military drill, inspection, and symbolic handing over of the Nigerian Army insignia to the recruits, demonstrated the Army’s commitment to producing disciplined, professional, and combat-ready personnel capable of defending the territorial integrity of Nigeria.

COAS charges 3,439 new Nigerian Army recruits to uphold professionalism, soldier ethos

Continue Reading

Trending

Verified by MonsterInsights