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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
NANS Throws Weight Behind NDLEA Drug War, Endorses Tinubu’s Renewed Hope Agenda
By: Michael Mike
The National Association of Nigerian Students (NANS) has declared full support for Nigeria’s intensifying war against substance abuse, aligning with the efforts of the National Drug Law Enforcement Agency (NDLEA) to combat the growing threat of illicit drug use among young people.
The position was made known when NANS leaders, led by their National President, Sola Oladoja, paid a strategic visit to the NDLEA Chairman and Chief Executive Officer, Mohamed Marwa at the agency’s national headquarters in Abuja.
In a meeting that underscored rising concerns over drug abuse in tertiary institutions, the student leaders commended the NDLEA’s sustained crackdown on drug trafficking networks and its preventive campaigns targeting campuses.
Oladoja described the agency’s War Against Drug Abuse (WADA) initiative as a transformative intervention that has significantly increased awareness among students about the dangers of substance misuse.
He said the association’s support for the NDLEA is rooted in a shared responsibility to safeguard the future of Nigerian youths, noting that drug abuse continues to threaten academic performance, mental health, and societal stability.
The NANS leadership also used the occasion to reaffirm its backing of President Bola Tinubu and his Renewed Hope Agenda, pointing to policies they believe have directly impacted students and young people. Oladoja cited the rollout of the student loan scheme, improved stability in the academic calendar following the resolution of strikes, and expanded youth-focused programmes as evidence of the administration’s commitment.
According to him, these measures have strengthened confidence among students in the current government and informed their willingness to support its continuity beyond the current term.
Responding, Marwa welcomed the endorsement, describing Nigerian students as a critical constituency in the national effort to curb drug abuse. He noted that meaningful progress in the anti-drug campaign would require active collaboration with young people, particularly those in higher institutions where vulnerability to substance use remains high.
Marwa warned that drug abuse poses far-reaching consequences, from deteriorating health and disrupted education to increased crime and long-term social instability. He called on student leaders to take ownership of the campaign within their campuses by promoting awareness and discouraging peer influence toward drug use.
Addressing concerns over the Federal Government’s newly introduced drug integrity test policy for students, the NDLEA boss clarified that the initiative is not designed to punish but to protect. He explained that early identification of drug use allows for timely counselling, treatment, and rehabilitation, thereby preventing long-term damage.
The engagement ended with both NANS and NDLEA agreeing to deepen collaboration, signalling a more coordinated approach to tackling substance abuse within Nigeria’s academic environment.
NANS Throws Weight Behind NDLEA Drug War, Endorses Tinubu’s Renewed Hope Agenda
Troops Recover 225 Rustled Cattle, Repel Bandits in Katsina
By: Zagazola Makama
Troops of Operation FANSAN YANMA have recovered no fewer than 225 rustled cattle after engaging suspected bandits in Katsina State.
Security sources told Zagazola that the operation was carried out at about 8:00 a.m. on April 20 by troops of 17 Brigade following credible intelligence on the movement of a notorious bandit leader, identified as Muhammad Filani, and his group.
The sources said the suspects were tracked to Kauri village in Kankia Local Government Area, where troops made contact and engaged them in a firefight.
“Upon contact, the troops engaged the bandits effectively, forcing them to flee and abandon the rustled cattle,” the source said.
The troops subsequently recovered a total of 225 cattle, which were handed over to relevant local authorities for identification and return to their rightful owners.
Military authorities noted that the operation has dealt a significant blow to cattle rustling networks operating within the area.
They added that troops have sustained aggressive patrols and intelligence-driven operations to deny bandits freedom of action across the state.
Meanwhile, under Operation Savannah Shield, troops continued offensive operations and routine security activities within their areas of responsibility.
Sources, however, confirmed that there was no major incident recorded during the period under review.
The Nigerian Army reaffirmed its commitment to protecting lives and property while intensifying efforts to combat banditry and related crimes in the North West.
Troops Recover 225 Rustled Cattle, Repel Bandits in Katsina
Troops Foil Kidnap Attempt, Rescue Two Victims in Kaduna
By: Zagazola Makama
Troops of the Nigerian Army have foiled a kidnap attempt and rescued two victims following a swift response to a distress call in Kaduna State.
Security sources said that the incident occurred at about 1:00 a.m. on April 21, when troops deployed under Operation Enduring Peace at Ungwan Gora checkpoint received reports of gunshots suspected to be from kidnappers.
The sources said the attack took place along the axis between Ungwan Dariya and Rafin Tagwi Bridge in Sanga Local Government Area.
“On receipt of the report, troops responded immediately and moved to the location, where they made contact with the suspected kidnappers,” a source said.
According to the source, the troops engaged the attackers, forcing them to flee into nearby bushes and abandon their victims.
During the operation, two persons who sustained gunshot wounds were rescued by the troops and promptly evacuated to a medical facility for treatment.
Military authorities said the swift intervention of the troops prevented what could have escalated into a successful abduction.
They added that patrols have been intensified within the area to track down the fleeing suspects and forestall further criminal activities.
The Nigerian Army reaffirmed its commitment to safeguarding lives and property, urging residents to continue providing timely information to security agencies.
Troops Foil Kidnap Attempt, Rescue Two Victims in Kaduna
NANS Throws Weight Behind NDLEA Drug War, Endorses Tinubu’s Renewed Hope Agenda
Troops Raid Hideout, Arrest Suspected IPOB/ESN Commander and Four Others in Ebonyi
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