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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
Supporting women farmers quickest route to attaining food security – Stakeholders
The Small-Scale Women Farmers Organization in Nigeria (SWOFON), Gombe State chapter, has called on the state government to support women in agriculture as well as youths to boost food security in the state and country.
The State Chairperson, SWOFON, Mrs. Airudia Mamman, made the call in Gombe on Thursday while commemorating the 2024 World Food Day in the state.
Mamman said that the quickest way to achieving food security efforts of the government was to empower small-scale women farmers in the state to cultivate more farmlands.
She said that with increased investments in line with the Malabo target of investing 10 per cent of their national budgets in agriculture, the state would be better placed to boost food availability.
According to her, since small-scale farmers form the largest population contributing to crops cultivation, supporting them will ensure that more farmers are reached for increased productivity.
Mamman called for more supports to women and youth farmers in the state while also urging government to release budgetary allocations to smallholder women farmers in the state.
She commended the state government for its supports to farmers, adding that with continued support, more women would be empowered and more jobs would be created.
“We urge the government to ensure timely release of funds allocated to smallholder farmers in the state annual budget to SWOFON to enable us implement our work plan towards boosting food security and reducing poverty.”
The Chief Executive Officer of Hope Foundation For the Lonely (HFL), Mrs Sarah Yapwa said that small-scale women farmers held the key to unlocking Nigeria’s potential in agriculture.
Yapwa said with the huge population of women in agriculture, leveraging that number would be the best way out of the threat of food crisis.
She said such farming population in the state, who are also involved in agriculture value-chain the state would not only be boosting food security but empowering women out of poverty and also tackling malnutrition.
She said if the state and Nigeria must have food in the near future, then ignoring women would be threatening to the food security efforts of government.
Other SWOFON members who spoke to NAN urged the state government to revamp irrigation farming in the state as way of mitigating the impact of climate change on agriculture.
On its part, the Gombe State government commended the contributions of small-scale women farmers in the state to boosting food security.
Mr Barnabas Malle, the state’s Commissioner of Agriculture and Animal Husbandry and Cooperatives gave the commendation, noting that women farmers form the largest farming population in the state.
Malle said that the state government had initiated several programmes and extension services aimed at supporting farmers to increase food availability in the state and country.
Malle who was represented by Mr Jonathan Bulus, Assistant Chief Principal Superintendent at the ministry said part of efforts to improve the agriculture sector led to the subsidising of fertilisers and other farm implements.
Our correspondent reports that the theme of the 2024 World Food Day which was marked on Wednesday is, “Right to Foods for a Better Life and a Better Future”
The event to commemorate the day in the state was organised by the Gombe State chapter of SWOFON, Hope Foundation for the Lonely.
This was done in collaboration with the Ministry of Agriculture and Animal Husbandry and Cooperatives with support from ActionAid Nigeria.
Supporting women farmers quickest route to attaining food security – Stakeholders
ECOWAS Court Leadership Visits ECOWAS Commission Auditor General for Collaboration
By: Michael Mike
The President of the ECOWAS Court of Justice, the Honourable Justice Ricardo Claúdio Monteiro Gonçalves, accompanied by the Honourable Justice Sengu Mohamed Koroma, Vice-President of the Court, paid a courtesy visit to the Office of the ECOWAS Auditor General on 16 October 2024.
This meeting marks the beginning of a strengthened collaboration between the two institutions, in a spirit of transparency and good governance within the Community.
In his address, João Alage Mamadu Fadia, Auditor General of ECOWAS Institutions, hailed the visit as a highly symbolic gesture, reflecting the willingness of the Court’s new management to work closely with his Office.
He recalled the scope of the ECOWAS mission, by stating that: ‘Serving a community of 15 Member States and more than 400 million citizens is an immense responsibility’. He also emphasized that the audit function is not limited to a control role, but also includes accompanying and advising institutions, in order to help them adhere to best governance practices.
‘Our role is not to police, but to ensure that administrative and financial operations comply with established standards,’ he said.
He added that collaboration with the Court of Justice was crucial to enhancing transparency in the management of public affairs.
In response, the Honourable Justice Ricardo Gonçalves expressed his commitment to working closely with the Office of the Auditor General throughout its mandate. ‘We recognise the important role of audit in improving our internal processes. We are here to express our willingness to follow your recommendations and to benefit from your advice in order to ensure sound and transparent management of the Court’, he said.
The President of the Court, who was also accompanied by the Chief Registrar, Dr. Yaouza Ouro-Sama, stressed that the management of the Court’s judicial and administrative affairs required meticulous rigour. He added that cooperation with the Office of the Auditor General would be a key factor in the Court’s success in meeting the highest standards of governance and accountability.
The Auditor General, surrounded by several members of his team, including the Director of Operational Audit and the Director of Performance Audit, reiterated his commitment to supporting the Court throughout his mandate, affirming that his Office will always be available to provide technical and advisory support.
ECOWAS Court Leadership Visits ECOWAS Commission Auditor General for Collaboration
Yobe Gov’t Constitutes Ten-Man Committee On New National Minimum Wage
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By: Sule Mamudo
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The Yobe State, Governor His Excellency Hon. Mai Mala Buni CON has approved the constitution of an ten-man committee on the new National Minimum wage recently approved by the federal government.
The ten-man Committee to be the chaired by the Secretary to the State Government has the state Head of the Civil Service as Co- Chair while the remaining will serve as members.
The members of the committee includes the Hon. Commissioner of Finance, Alh. Mohammed Abatcha Geidam, Budget and Economic planning Alh. Garba Gagiyo, Local Govt and Chieftaincy Affairs, Alhaji Ibrahim Adamu Jajere FCNA, and the State Accountant General.
Others are Chairman Nigeria Labour Congress (NLC), Comrade Mukhtar Musa Tarabutu and TUC Bulama Musa while the Perm Sec Establishment Shuaibu Ibrahim Amshi and that of Public Service Office of the Head of Service Alh Dr. Bukar Kilo mni will serve as secretary and co-secretary respectively.
The ten man Committee will among other terms of reference workout modalities on the successful implementation of the new national minimum wage in the state.
The Committee will also determine the financial implication of the implementation of the new minimum wage at the State and Local Government in addition to make recommendations for Government consideration.
Yobe Gov’t Constitutes Ten-Man Committee On New National Minimum Wage
Supporting women farmers quickest route to attaining food security – Stakeholders
ECOWAS Court Leadership Visits ECOWAS Commission Auditor General for Collaboration
Yobe Gov’t Constitutes Ten-Man Committee On New National Minimum Wage
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