Connect with us

News

ECOWAS Court Gives Judgment on Press Council Inconsistency with Human Rights Law

Published

on

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

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

News

VP Shettima: Borno Attack Will Not Break Nigeria’s Resolve

Published

on

VP Shettima: Borno Attack Will Not Break Nigeria’s Resolve

By: Our Reporter

Vice President Kashim Shettima has condemned in strong terms the bomb explosion that claimed about five lives and left several others injured at a Mosque in Gamboru Market, Maiduguri, Borno State, describing the attack as a despicable assault on innocent citizens and the peace of the nation.

The Vice President said President Bola Ahmed Tinubu has ordered an immediate intensification of security operations in Borno State following the incident.

In a statement on Thursday, the Vice President condemned the attack, assuring that the Federal Government is deploying additional tactical teams to the area to track down and apprehend those responsible for the terror attack.

“The Federal Government will not tolerate any attempt to undermine the peace and security of our nation. Our security agencies are working round the clock to ensure that the perpetrators of this heinous crime are brought to justice immediately,” he said.

Senator Shettima expressed confidence that the security architecture currently in place would not only apprehend the perpetrators but also unravel the full circumstances surrounding the incident.

“We sympathize with the Government of Borno State, residents, and families who have lost their loved ones in this attack. The Federal Government is confident that those responsible for this despicable act of terrorism will face the full weight of the law,” VP Shettima said.

He assured Nigerians that the Tinubu administration’s commitment to national security, anchored in constitutional duty, remains unwavering.

“Since President Bola Ahmed Tinubu assumed office in 2023, this administration has consistently reaffirmed its unyielding commitment to safeguarding the security, unity, and stability of our nation.

“This commitment remains steadfast under God and the Constitution of the Federal Republic of Nigeria. We will continue to provide our security agencies with all necessary resources and support to decisively defeat terrorism in all its forms,” he affirmed.

The Vice President added that the Federal Government is working closely with state authorities and local security agencies to ensure protection of vulnerable communities and critical infrastructure across the North East and other regions.

VP Shettima: Borno Attack Will Not Break Nigeria’s Resolve

Continue Reading

News

Zulum-“Protect Our Sacred Bond,” Celebrates Peaceful Year in Christmas Message

Published

on

Zulum-“Protect Our Sacred Bond,” Celebrates Peaceful Year in Christmas Message

By: Our Reporter

With profound gratitude to God for sparing our lives one full year to another Christmas celebration, Borno State Governor, Professor Babagana Umara Zulum felicitate with the Christian community across the state on the occasion of Christmas.

The Governor is currently engaged in a four-day security and resilience building tour across Northern Borno. The tour includes visits to military formations to boost their morale, and to communities affected by the insurgency, where he is working to build their confidence and provide tangible democratic benefits.

In a message by his Spokesperson Dauda Iliya, Governor Zulum expressed gratitude to God Almighty for the return of relative peace in the state.

“For us in Borno State, the period between the 2024 to the 2025 Christmas celebrations has been one full year of celebrating enviable all-encompassing reconstruction and recovery,” Zulum stated.

“The progress is not only in terms of physical infrastructure, but also in terms of the peace and forbearance, mutual goodwill and harmonious coexistence among the Muslim and Christian communities, which our beleaguered state very critically desires to launch itself back to prosperity and glorious past,” he added.

“I feel obliged to express my most heartfelt gratitude to God for enabling me to preside over the state one full year, witnessing a gladdening restoration and maintenance of these required peace, mutual goodwill and harmony between the the Muslim and Christian communities which bonded us tightly together as a solid people, but which the over a decade Boko Haram insurgency threatened to completely destroy.

“A noteworthy part of the Muslim-Christian harmonious coexistence and goodwill reconstruction and maintenance was my recent high-level consultation meeting with the leadership of Jama’atu Nasril Islam (JNI) and Christian Association of Nigeria (CAN), focused on strengthening collaborative efforts between the state government and religious bodies to combat the lingering threat of insecurity and foster lasting peace in Borno State.

“At that meeting, I underscored the critical role of religious leaders in promoting tolerance, unity and peace across the state because Borno, like many states, has unique and beautiful family composition dynamics.

“It is common to find under one roof, brothers and sisters, uncles and aunts, who profess different faiths. We share meals, we celebrate festivities and milestones, we grieve losses together, as one family, bound by blood and love that transcends religious labels. This is our reality.

“I stressed that our enviable strength emanates from this reality. I will still, therefore, stress that we must protect this sacred bond within our homes and allow it to define our individual, as well as intra- and cross-community engagements.

“In sustenance of my tradition of just, fair and equitable treatment of both communities in festive seasons, I have, also, this year, I announced support to the Christian community and non indigenes, which includes free transportation to non-indigenes to different parts of the country, humanitarian support to over 6,000 vulnerable Christians, cash gifts to widows and orphans, sponsorship of Christian pilgrimage and other interventions.

I am always disposed to rendering such support, and even more, whenever the need arises.

Governor Babagana Zulum urge every citizen of the state, irrespective of faith, to come together in the collective search for lasting security, peaceful and harmonious coexistence as the most-critical foundation for true reconstruction, recovery and prosperity.

Zulum-“Protect Our Sacred Bond,” Celebrates Peaceful Year in Christmas Message

Continue Reading

News

Gov. Zulum condemns Christmas Eve explosion in Borno

Published

on

Gov. Zulum condemns Christmas Eve explosion in Borno

By: Bodunrin Kayode

About five people are feared dead yesterday evening as a suicide bomber detonates improvised explosive devices (IEDs) strapped to his body in a Maiduguri mosque in the popular Gamboru market, which is visited by traders from all over the country, including bordering countries.

The deaths, which were as a result of a suicide explosion, occurred at a mosque inside Gomboru Market, where the suspect had sneaked into a mosque, disguised as a faithful during “Magrib prayer.”

Sources within the market community said he was not a regular at the mosque, and they could also not explain how he lined up with the others or how he came to the community unnoticed to cause such a damnation.

As of the time of writing this report, the explosion had left several residents within the market community injured, while the most fatal ones have been rushed to nearby general hospitals for immediate treatment to stop the bleeding, which usually escalates the bleeding.

As of the time of writing this report, the military and police authorities had confirmed that about five people had died from the attack, which caused a lot of people to scamper for safety, causing massive gridlock around the customs area.

Reaction of the military

Reacting to the incident, the military said that about 32 civilians sustained all manner of injuries from the incident.

In a release signed by Lt. Col. Sanni Uba, it went on to state that the incident occurred at about 6pm yesterday at a mosque located within Gamboru Market in Maiduguri Metropolitan Council (MMC), while Muslim faithfuls were observing evening prayers.

“Preliminary findings indicated that the incident was caused by a suspected Boko Haram Terrorist (BHT) suicide bomber, who detonated an improvised explosive device, killing himself and 2 civilians on the scene.

“Troops, in conjunction with the Nigeria Police Explosive Ordnance Disposal (EOD) team, other sister security agencies, the Borno State Government, and NEMA, responded promptly, secured, and cordoned off the affected area to prevent further harm and ensure public safety.

“Casualties were immediately evacuated to the General Hospital and the Teaching Hospital in Maiduguri for prompt medical attention.

“A total of 32 civilians sustained varying degrees of injuries. Regrettably, 2 of the injured civilians were later confirmed dead at the hospital, while 2 others are currently in critical condition. The remaining injured persons are stable and receiving appropriate medical care.

“Troops and other security agencies have since intensified surveillance and security measures within Maiduguri and surrounding areas.

“Members of the public are advised to remain calm and security conscious, especially during the yuletide season. The public is also urged to be on the lookout for teenagers with suspicious looks.

“It is advised to avoid crowded places and maintain extra vigilance at religious places, especially churches during the yelutide period. Citizens are urged to promptly report any suspicious persons or activities to the nearest security post.

“OPHK commiserates with the families of the deceased and assures the public of its continued commitment to safeguarding lives and property.”

Zulum Condemns Maiduguri Mosque Suicide Attack, Calls for Vigilance in Worship, Public Places

Meanwhile, Governor Babagana Zulum has condemned, in strong terms, the suicide explosion at the Gomboru market mosque in Maiduguri metropolis Wednesday evening.

Governor Zulum, conveying his profound condolences from the frontline in northern Borno through his Special Adviser on Media, Dauda Iliya, called for increased vigilance and heightened security measures, particularly in places of worship during the festive period.

“I am deeply saddened by the Gamboru mosque suicide attack, which occurred on Wednesday evening when worshippers were performing Maghrib prayer, killing 5 people and injuring 35 others. The act is utterly condemnable, barbaric, and inhumane.

“Attacking a place of worship is a desecration of the sanctity of the mosque at a time when Muslim faithful are performing acts of worship.

“I wish to express my condolences to the families of all those that lost their lives in the attack and pray for the repose of their souls and for the speedy recovery of those injured,” he stated.

The governor further assured that adequate measures have been taken to forestall any security breach during the festive period and beyond.

IEDs have been a major challenge in the 16-year-old insurgency war, which has been fought by Nigeria in the Northeast theater of operation, Hadin Kai.

Meanwhile, residents went about their activities in peace hours after the gridlock was eased between customs and the international route leading to Gamboru Ngala and out of the country.

Gov. Zulum condemns Christmas Eve explosion in Borno

Continue Reading

Trending

Verified by MonsterInsights