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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
Troops Repel Terrorist Infiltration in Kanama, Neutralise Four Insurgents
By: Zagazola Makama
Troops of Operation HADIN KAI have repelled a Boko Haram/ISWAP terrorist infiltration into Kanama town, neutralising four insurgents during a swift response operation in Borno State.
Security sources said the incident occurred at about 6:00 p.m. on April 22 when troops of 159 Battalion, deployed in Kanama, responded to sounds of gunfire within the town.
On arrival, the troops reportedly discovered that terrorists had infiltrated parts of the community.
The troops immediately made contact and engaged the attackers with disciplined fire, forcing them to retreat in disarray.
Subsequent exploitation of the general area led to the neutralisation of four terrorists.
One member of the Civilian Joint Task Force (CJTF) sustained injuries during the encounter and has been evacuated for medical attention.
No military equipment was lost during the operation.
Items recovered from the terrorists include two torchlight mobile phones and the sum of ₦21,000.
Security sources said the general situation across the theatre remains calm but unpredictable, while troops’ morale and fighting efficiency remain high.
Troops Repel Terrorist Infiltration in Kanama, Neutralise Four Insurgents
News
Dramatic Testimony Rocks Nwaukoni Terrorism Trial In Asaba — Doctor Confirms Gunshot Wounds In Palace Attack Case
Dramatic Testimony Rocks Nwaukoni Terrorism Trial In Asaba — Doctor Confirms Gunshot Wounds In Palace Attack Case
The high-profile terrorism trial in Charge No. FHC/ASB/18C/2024 took a dramatic and gripping turn this week at the Federal High Court, Asaba, as explosive evidence and powerful witness testimonies continue to unfold against Mike Nwaukoni (aka “Supu”) and his alleged accomplices.
Standing trial alongside him are prominent figures including Barrister Francis Okolie, Secretary of the Ogwashi-Uku Development Association (ODA), and Mazi Elue Adigwe, the association’s Secretary-General, among others accused in connection with the violent October 12, 2023 attack on the Palace of the Obi of Ogwashi-Uku.
🔴 Doctor’s Testimony Leaves Court in Silence
In what court observers have described as one of the most chilling moments of the trial so far, Dr. Ezeike Ugochukwu Godwin took the witness stand and delivered a clinical yet deeply emotional account of the injuries sustained by a vigilante operative assigned to protect the Palace.
The doctor confirmed that the victim suffered multiple gunshot wounds, including injuries to the head and upper limbs, describing in precise medical terms the severity of the trauma.
According to his testimony, the victim was brought into the emergency unit in a state of intense pain and critical distress, alongside several others wounded during the attack.
Dr. Ezeike further told the court that the patient was referred from the Divisional Police Headquarters in Ogwashi-Uku, reinforcing the official chain of response following the violent incident.
🔴 Police Investigator Details Chaos and Destruction
A day earlier, on April 21, 2026, the court heard from Inspector Ijeoma Ovat, the initial Investigating Police Officer (IPO), who painted a harrowing picture of the aftermath of the attack.
She testified about the widespread chaos, multiple casualties, and destruction that followed the invasion of the Palace during the controversial Ineh Festival. Crucially, she tendered photographic evidence showing heavily damaged police and vigilante vehicles, corroborating claims of a coordinated and violent assault.
Sources within the prosecution confirm that the damage to the vehicles was extensive and consistent with armed aggression.
🔴 Witnesses Tie Defendants to Armed
AssaultEarlier testimonies in the trial have reportedly identified the defendants as active participants, alleging they were armed with guns and other dangerous weapons during the attack. Witnesses have also pointed to Mike Nwaukoni as a central figure who allegedly instigated and coordinated the operation.
🔴 Passport Request Sparks Legal Firestorm
In a fresh development that has further intensified proceedings, lead prosecutors in the case including CSP Samuel Mallum Esq and A.I Aminu Esq from the Police Legal Directorate in Abuja have strongly opposed an application by Nwaukoni’s legal team seeking the temporary release of his international passport for overseas travel.
According to sources, the prosecution argued that granting such a request poses a serious flight risk, warning that the defendant could attempt to evade justice, seek asylum, or acquire foreign citizenship.
The prosecution also suggested that the move may be a deliberate tactic to delay the trial, particularly as significant portions of the case have already been established.
The matter has been adjourned for further consideration, with hearings expected to resume in late May, continuing into early June 2026.
🔴 Calm Returns to Ogwashi-Uku Amid Trial
Meanwhile, community sources in Ogwashi-Uku report a notable return of peace and stability since the commencement of the trial. Residents have expressed hope that the judicial process will be seen through to a swift and just conclusion, bringing lasting closure to one of the most serious security incidents in the Kingdom’s recent history.
Dramatic Testimony Rocks Nwaukoni Terrorism Trial In Asaba — Doctor Confirms Gunshot Wounds In Palace Attack Case
Troops Intercept Suspected Terrorist Logistics Supplier, Seize PMS in Borno
By: Zagazola Makama
Troops of Operation HADIN KAI have arrested a suspected ISWAP/JAS logistics supplier and intercepted a large quantity of Premium Motor Spirit (PMS) concealed in a tricycle in Borno State.
Security sources said the suspect was apprehended at about 9:10 a.m. on April 21 by troops of 159 Battalion at a checkpoint within Sector 2 Area of Responsibility.
The suspect was reportedly conveying PMS concealed in 15 sacks, disguised with bags of sachet water in an attempt to evade detection.
Preliminary investigations indicated that the consignment was being transported to Kanama town and neighbouring communities around Dikwa and Bultuwa, areas believed to be within terrorist influence.
Items recovered from the suspect include a mobile phone and the sum of ₦34,950.
The sources said the suspect and recovered exhibits are in military custody for further investigation and necessary action.
They added that the interception forms part of ongoing operations aimed at disrupting terrorist logistics networks and denying them access to critical supplies across the North-East theatre.
Troops Intercept Suspected Terrorist Logistics Supplier, Seize PMS in Borno
Troops Clear Terrorist Enclaves, Recover Items in Katsina Operation
Troops Repel Terrorist Infiltration in Kanama, Neutralise Four Insurgents
Troops Respond to Attack in Zamfara, IED Incident Recorded Without Casualties
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