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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
Suspect arrested for trespassing, attempting robbery at Bauchi Emir’s palace
Suspect arrested for trespassing, attempting robbery at Bauchi Emir’s palace
By: Zagazola Makama
A 20-year-old man, Umar Hamza, was apprehended Wednesday night for trespassing and attempting to steal from the Emir of Bauchi’s residence.
Sources said Hamza entered one of the Emir’s son’s rooms carrying a bunch of keys and tried to commit theft around 8:20 p.m. on January 23.
He was intercepted shortly after the act and taken into the Police custody for questioning.
Police said Preliminary inquiries indicate the suspect intended to steal from the palace.
Suspect arrested for trespassing, attempting robbery at Bauchi Emir’s palace
News
VP Shettima Returns To Abuja, Says Nigeria Firmly Back On Global Economic Frontline
VP Shettima Returns To Abuja, Says Nigeria Firmly Back On Global Economic Frontline
By: Our Reporter
Vice President Kashim Shettima has returned to Abuja after a week-long diplomatic and economic mission to Guinea-Conakry and Switzerland.
This is just as he said Nigeria has reclaimed a frontline seat in global and regional policy conversations.
VP Shettima arrived at the Nnamdi Azikiwe International Airport on Saturday after representing President Bola Ahmed Tinubu at the inauguration of Guinea’s President, Mamadi Doumbouya, and leading Nigeria’s delegation to the 56th World Economic Forum (WEF) Annual Meeting in Davos.
According to the Vice President, the trip is part of Nigeria’s renewed commitment to regional solidarity in West Africa and its determination to reposition the economy under President Tinubu’s Renewed Hope agenda.
The Vice President had departed Abuja for Conakry, where he attended President Doumbouya’s inauguration, reaffirming Nigeria’s leadership role within ECOWAS, while opening new pathways for bilateral cooperation in agriculture and manufacturing.
From Guinea-Conakry, Senator Shettima proceeded to Davos, Switzerland, where he led the Nigerian delegation at the WEF 2026.
One of the highpoints of his engagements in that country was the commissioning of Nigeria House Davos, the Nigeria’s first-ever sovereign pavilion on the Davos Promenade, designed as a permanent investment hub showcasing opportunities in solid minerals, agriculture and the digital economy.
At a high-level WEF session titled, “When Food Becomes Security,” the Vice President outlined Nigeria’s new national food security framework, describing agriculture as a strategic pillar of national security and macroeconomic stability.
Vice President Shettima also joined former President Olusegun Obasanjo, former Vice President Yemi Osinbajo and Minister of Finance, Mr. Wale Edun, to advance the Accra Reset Initiative, a forum advocating African industrialisation driven by domestic capital and value chains rather than foreign aid.
On the economic front, the Vice President told investors that Nigeria’s macroeconomic indicators were stabilising, citing a projected 4.4 per cent GDP growth in 2026 and a decline in inflation to 12.94 per cent.
He also pointed to Nigeria’s imminent transition into a net exporter of refined petroleum products, anchored by the Dangote Refinery, and the growing export of digital talent.
VP Shettima Returns To Abuja, Says Nigeria Firmly Back On Global Economic Frontline
News
Ogwashi-Uku Palace Attack Trial: Gunshot Victim Identifies Mike Nwaukoni As Ringleader As Multiple Witnesses Place Defendants At Scene With Weapons
Ogwashi-Uku Palace Attack Trial: Gunshot Victim Identifies Mike Nwaukoni As Ringleader As Multiple Witnesses Place Defendants At Scene With Weapons
Ogwashi-Uku Palace Attack Trial: Gunshot Victim Identifies Nwaukoni As Ringleader As Multiple Witnesses Place Defendants At Scene With Weapons
Fresh revelations emerged at the Federal High Court, Asaba, as the trial over the October 12, 2023 terrorist-style attack on the Palace of the Obi of Ogwashi-Uku resumed, with witnesses giving direct, consistent, and corroborated testimony identifying Mr Mike Nwaukoni as the principal actor who led an armed mob to the palace, resulting in gunfire, injuries, and destruction of property.
On Tuesday, January 13, the court heard the gripping testimony of PW2, Mr Lawrence Obasi, an Otulu vigilante who sustained gunshot injuries that left his right arm paralysed for months.
PW2 told the court that he was officially deployed alongside the police to protect the palace on the day of the attack, having undergone formal vigilante training by the police two years earlier. According to him, Mike Nwaukoni personally led a large mob armed with dangerous weapons to the palace gate at Ogbe-Nti.
He testified that despite clear warnings and instructions from the Divisional Police Officer and the police commander at the scene, the mob—acting on Nwaukoni’s direct encouragement—attempted to forcibly break into the palace.
“He told them to break the gate and said he had money to take care of anything that happened,” the witness told the court.
Moments later, gunshots rang out.
PW2 narrated how armed supporters opened fire, damaging police and vigilante vehicles and hitting him with live ammunition as he sought cover inside one of the vehicles. He positively identified Elue Adigwe and Francis Okolie as being present at the scene and fully armed.
His account directly corroborated the earlier testimony of PW1, the police commander who had testified last year that Mike Nwaukoni personally led the armed crowd, stressing that no police officer accompanied the mob and that it was not a lawful procession but an armed attack.
The police commander had also told the court that Nwaukoni had invited him and the DPO to his residence days before his testimony in what observers concluded was an attempt to obstruct justice by getting him to stop his testimony scheduled for the next week.
THIRD WITNESS CONFIRMS IDENTITIES, WEAPONS, AND HISTORY OF VIOLENCE
On Wednesday, PW3, Mr Emeka Nwaolisa, a palace vigilante, took the stand and reinforced the prosecution’s case, confirming the identity of the same defendants, their presence at the palace gate, and the use of offensive weapons during the attack.
PW3 testified that he was stationed at the locked palace gate when over 200 persons marched toward the palace, among them Mike Nwaukoni, Elue Adigwe, Francis Okolie, and others. He stated that on Nwaukoni’s orders, gunfire erupted as the mob attempted to force entry, leading to chaos and injuries.
During cross-examination, PW3 also revealed that Eugene Ojo Izediunor had previously boasted at a public drinking spot that he used money to “settle” his way out of an earlier case, a conversation witnessed by multiple persons.
He further told the court that the defendants had a long-standing history of orchestrated violence and unrest aimed at destabilising the community and undermining the traditional institution.
SPIN FAILS TO DENT CORE FACTS
While defence counsels consisting of four senior advocates attempted to divert attention to procedural arguments and minor inconsistencies, the central facts remained unshaken:
• Multiple eyewitnesses independently identified the same defendants
• Weapons were present and used
• Gunshots were fired
• A vigilante suffered gunshot injuries
• Vehicles were damaged
• The palace came under armed siege
The court admitted two statements made by PW3 as exhibits and adjourned the matter to April 21 and 22, 2026, with the trial set to continue.
The five defendants—Mike Nwaukoni, Elue Adigwe, Francis Okolie, Eugene Ojo Izediunor, and John Nwona—were all present in court.
As proceedings continue, the testimony so far paints a clear, consistent, and deeply troubling picture of a coordinated armed assault on a traditional institution, now firmly laid before the court under oath.
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