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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
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Adamawa Court fixes Nov. 3 for Furore Emirate case defense

Adamawa Court fixes Nov. 3 for Furore Emirate case defense
Adamawa State High Court IV sitting in Yola on Wednesday adjourned a case challenging the Adamawa government for the creation of the Fufore emirate council from Adamawa emirate to November 3rd and 4th for defense.
Justice Musa Usman who presided over the case said, this at the end of two days hearing from the principal witness, plaintiffs.
The case which was filed by the three traditional titles holders of Adamawa emirate; Alhaji Musa Halilu, Dujuma Adamawa, Mustapha Dahiru, Yarima Adamawa and Alhaji Mustapha Ahmadu, Sarki Noma Adamawa that due process was not followed before the creation of Fufore emirate.
Manga Nurudeen (SAN), counsel to the plaintiffs, told newsmen at the end of the seating that they had called four witnesses in the case and concluded.
“As you may have seen, the court has adjourned to 3rd and 4th of November for the defense, for the government and the new airmen to bring their own witnesses to be cross examined.
The defense counsel, state Attorney General and Commissioner of Justice, Afraimu Jingi, also said they have successfully taken the evidence of the plaintiffs during the two days of seating.
“They listed five witnesses they were able to call four and they closed their case.
“And fortunately we have been able to answer the questions to our mind that we thought we can discredit them to our mind which is left to the court to determine”, he said.
According to him, they were satisfied with the proceedings and they do not have any burden on them as the next agenda will be defense.
Adamawa Court fixes Nov. 3 for Furore Emirate case defense
News
NSCDC Promotes Grassroots Security, Community-Based Intelligence

NSCDC Promotes Grassroots Security, Community-Based Intelligence
By: Michael Mike
The Nigeria Security and Civil Defence Corps (NSCDC) has reiterated its commitment to strengthening grassroots security and community-based intelligence across the country as tools for tackling insecurity.
The Commandant General of the Nigeria Security and Civil Defence Corps (NSCDC), Prof. Ahmed Audi gave the commitment during his working visit of Anambra State as part of his continued strategic operational tour of the South East.
Audi, who was received by the Governor of Anambra State, Prof. Charles Soludo, noted that his visit was aimed at assessing the welfare of personnel, understanding field challenges, and reinforcing the Corps’ operational capacity in the region.
Speaking during the courtesy call at the Government House, Awka, the Commandant General commended the Governor for his administration’s proactive efforts in maintaining peace and stability. He also solicited greater logistical and infrastructural support to enhance the NSCDC’s performance in the state.
He said: “Security must begin from the grassroots. That is where the people live, work, and build the future. The Corps remains resolute in delivering quality service and ensuring that the confidence of Nigerians, particularly Ndi Anambra, in our operations is not misplaced.”
Soludo, in his response, commended the NSCDC for its professionalism, discipline, and resilience, especially in safeguarding critical national assets and public infrastructure.
He said: “Here in Anambra, the Light of the Nation, our greatest asset is our people: creative, enterprising, and innovative. They are the engine of our economy. Ensuring their safety and prosperity is a shared responsibility, and we appreciate the NSCDC for standing firm in that mission.”
The governor pledged continued partnership and support for the Corps, affirming that security remains the foundation for the state’s economic growth and innovation-driven development.
The Commandant General’s tour of Anambra is part of a nationwide operational assessment aimed at improving welfare, operational readiness, and synergy among security stakeholders. It underscores the NSCDC’s renewed focus on community trust, proactive engagement, and service excellence under Prof. Audi’s leadership.
NSCDC Promotes Grassroots Security, Community-Based Intelligence
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Security forces rescue three kidnapped women in Zamfara

Security forces rescue three kidnapped women in Zamfara
By: Zagazola Makama
Security forces have rescued three kidnapped women following a gun battle with bandits along the Anka–Bukkuyum road in Anka Local Government Area.
Sources said the incident occurred at about 6 p.m. on Oct. 7, when armed bandits blocked the highway and attacked a Golf vehicle with registration number RBC 22 ABUJA.
The assailants abducted the driver and three passengers before the arrival of the Anti-Kidnapping team led by Insp. Ibrahim Ubandoma.
The security team engaged the bandits in a fierce shootout, overpowering them and rescuing the three abducted passengers unhurt.
The rescued victims were identified as Lantana Abubakar, aged 70; Fatima Muhammad, aged 45; and Suwaiba Muhammad, aged 40, all residents of Gummi town in Gummi Local Government Area.
The victims were safely escorted to Anka town by the security team.
Efforts are ongoing to rescue the remaining abducted driver, as patrol operations continue in the area.
Security forces rescue three kidnapped women in Zamfara
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