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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
Army will remain apolitical, committed to defending democracy – COAS
By: Zagazola Makama
The Chief of Army Staff (COAS), Lt.-Gen. Waidi Shaibu, says the Nigerian Army will remain apolitical and steadfast in protecting the nation’s democracy in line with its constitutional mandate.
Shaibu stated this on Saturday at the Passing Out Parade of the Executive Commission Course 2/2025 held at the Nigerian Army School of Infantry, Jaji.
He reiterated that the subordination of the military to constituted civil authority remains the foundation for professionalism, urging officers and soldiers to uphold democratic values at all times.
“We must safeguard this constitutional democratic governance that promotes the values and interests of every well-meaning Nigerian, irrespective of tribe or religion,” he said.
“I charge all Nigerian Army personnel to be proud champions of democracy and remain apolitical in discharging their constitutional duties.”
Shaibu assured Nigerians that the Army remains committed to protecting lives and property across the country, adding that troops are working round the clock to secure the territorial integrity of the nation and support other security agencies.
The COAS commended the Commandant of NASI and the training staff for the successful conduct of the course, noting that the achievements recorded in training and operations were made possible by government support.
He expressed gratitude to President Bola Ahmed Tinubu for his leadership and sustained assistance to the Nigerian Army, reaffirming the loyalty of officers and soldiers to the government and the Constitution.
Shaibu also thanked the Kaduna State Governor, Sen. Uba Sani, and the people of the state for their cooperation and support to Army formations and institutions.
He congratulated the passing-out cadets and their families, wishing them successful careers as they prepare to join units and formations across the country.
“The Nigerian Army awaits you all in the field,” he said.
Army will remain apolitical, committed to defending democracy – COAS
COAS charges newly commissioned officers to uphold professionalism, loyalty at POP in Jaji
By: Zagazola Makama
The Chief of Army Staff (COAS), Lt.-Gen. Waidi Shaibu, has charged newly commissioned officers of the Executive Commission Course 2/2025 to uphold professionalism, integrity and loyalty as they begin their careers in the Nigerian Army.
Shaibu gave the charge on Saturday during the Passing Out Parade of the course at the Nigerian Army School of Infantry (NASI), Jaji, Kaduna State.
The COAS described the occasion as a significant milestone and congratulated the cadets for successfully completing the rigorous training that qualifies them for the Presidential Commission.
He urged the new officers to remain focused as they take up responsibilities in various operational theatres across the country.
“Your pips will be unveiled shortly, and you will begin individual and collective journeys filled with opportunities, challenges and important decisions,” he said.
“Amidst these, one thing must remain sacrosanct Nigeria must come first in all decisions and actions throughout this new phase of your careers.”
Shaibu emphasised the need for right character, courage, professionalism and resilience, assuring the cadets that the Nigerian Army Officers’ Corps would always stand with them as comrades and brothers-in-arms.
He advised them to rely on the training received at NASI and their experiences in service, stressing that in moments of doubt, their training should remain their guide.
The COAS reminded the officers that leadership required the ability to inspire confidence and make sound decisions.
“A bad plan is better than no plan at all, so ensure that you always have a plan,” he said.
“Always act with the hope for success and not the fear of failure.”
Shaibu highlighted the Army’s efforts to address welfare concerns related to their type of commission, assuring them of measures to support their professional and personal development.
He urged them to pursue continuous improvement through courses and trainings available in the Army, aligning with his Command Philosophy to transform the force into a more professional, adaptable and combat-ready institution.
COAS charges newly commissioned officers to uphold professionalism, loyalty at POP in Jaji
News
COAS inaugurates land warfare wargaming centre, says facility will deepen officers’ operational planning
COAS inaugurates land warfare wargaming centre, says facility will deepen officers’ operational planning
By: Zagazola Makama
The Chief of Army Staff (COAS), Lt.-Gen. Waidi Shaibu, on Saturday inaugurated the newly constructed Land Warfare Wargaming Centre at the Armed Forces Command and Staff College (AFCSC), Jaji, describing the project as a major milestone in strengthening operational training and military education in the country.
Shaibu, who served as Special Guest of Honour at the commissioning ceremony, said the state-of-the-art centre would significantly enhance the capacity of officers to engage in advanced operational planning, mission rehearsal and strategic decision-making.
He said the completion of the project demonstrated the military’s collective resolve to equip officers with the skills required to address contemporary and future security challenges.
“This centre is not only significant to this College but to the Nigerian Army and the entire Armed Forces of Nigeria,” he said.
“The successful completion of this project is a bold statement in our determination to deepen officers’ operational planning capabilities, enhance military education and further prepare our officers for emerging threats.”
The COAS commended the Armed Forces Command and Staff College for maintaining its reputation as a centre of excellence in producing high-quality middle-level officers who contribute to national defence objectives.
“As a proud graduate of this College, I am pleased to remain associated with its continuous transformation,” he added.
Shaibu applauded the progress recorded by the Department of Land Warfare, noting that the execution of several key projects by his predecessors had contributed to improved academic outcomes and a more effective learning environment.
He described the new Wargaming Centre as a necessary complement to the Lt Gen T.Y. Buratai Operations Centre, adding that it would enhance the training of officers in land warfare doctrine and joint operations.
The COAS expressed appreciation to President Bola Ahmed Tinubu for his “unrelenting support to the Nigerian Army,” saying such support made the execution of strategic projects possible.
He also thanked the Commandant of AFCSC, AVM HI Alhaji, for his commitment to improving the college’s infrastructure and training systems, and commended the Director of the Department of Land Warfare, Brig.-Gen. N.U.C. Ogili, for ensuring the timely and quality completion of the project.
Shaibu acknowledged the contributions of the directing staff, administrative officers and college community, noting that they were collective stakeholders in ensuring the effective utilisation and maintenance of the new facility.
He urged students, who are the primary beneficiaries, to make optimal use of the centre to enhance their understanding of operational art, strategic planning and battlefield decision-making.
“I congratulate the Commandant, staff and students of AFCSC on this historic achievement,” he said.
COAS inaugurates land warfare wargaming centre, says facility will deepen officers’ operational planning
Army will remain apolitical, committed to defending democracy – COAS
COAS charges newly commissioned officers to uphold professionalism, loyalty at POP in Jaji
COAS inaugurates land warfare wargaming centre, says facility will deepen officers’ operational planning
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