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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
Zulum Visits Frontline Troops in Mairari, Inspects Dilapidated FGC Monguno
By: Our Reporter
Borno State Governor, Professor Babagana Umara Zulum, on Tuesday, visited the Forward Operating Base (FOB) in Mairari to bolster the morale of troops on the frontline.
Mairari, a strategic town in the state, endured two insurgent attacks in December. On both occasions, the assaults were successfully repelled by troops, averting a significant security breach.
Governor Zulum, who is currently on a resilience-building tour of Northern Borno, commended the officers and men for their bravery and sacrifice, describing them as the backbone of peace and stability in the state.
“Your resilience and commitment inspire confidence in our people,” the Governor stated. “I want to assure you that my administration will continue to provide all necessary logistics and welfare support to boost your morale and enhance your operational effectiveness. Mairari will not fall.”
He emphasised that the state government, in collaboration with the Federal Government and military high command, would ensure a steady supply of operational logistics, mobility support, and welfare packages to keep troops combat-ready.
The Commander of Sector 3, Operation Hadin Kai, Major General Suleiman Saidu Tilawan, commended the Governor for his consistent and proactive support.
“The support we receive from the Borno State Government and the Theatre Commander has been exceptional,” he said. “It has translated into improved logistics, enhanced morale, and renewed confidence among our troops to confront threats head-on.”
Governor Zulum also interacted with residents of Mairari, listening to their concerns and commending their courage. He described the community as a symbol of resilience and announced cash assistance to those affected by the recent attacks to ease hardships and support recovery.
…Zulum Inspects Dilapidated FGC Monguno
Earlier in the day, Governor Zulum conducted an inspection of the abandoned Federal Government College in Monguno.
He assessed extensively damaged classrooms, vandalized laboratories, and deteriorating staff quarters, tangible reminders of the insurgency’s impact on public institutions.
The Governor said the purpose of the visit was to assess the damage and identify practical steps for the college’s full rehabilitation. “Education is the foundation upon which any peaceful, prosperous, and resilient society is built,” Governor Zulum stressed. “Rebuilding schools is central to the long-term recovery and stability of our dear state.”
He assured that his administration would spare no effort in restoring the school, with the ultimate goal of ensuring children from Monguno and neighbouring communities can access quality education.
During the inspection, Governor Zulum encountered widows who are taken refuge in some of the abandoned structures and provided them with cash assistance and facilitated the admission of some of their qualified daughters into the Monguno College of Nursing and Midwifery, offering them a pathway to education and future self-reliance.
Zulum Visits Frontline Troops in Mairari, Inspects Dilapidated FGC Monguno
News
Yuletide: NSCDC Deploys 55,000 Operatives Nationwide, Intensifies Intelligence to Tackle Insecurity
Yuletide: NSCDC Deploys 55,000 Operatives Nationwide, Intensifies Intelligence to Tackle Insecurity
By: Michael Mike
The Nigeria Security and Civil Defence Corps (NSCDC) has deployed over 55,000 operatives across the country to ensure public safety and protect critical national assets and infrastructure during the Christmas and New Year festivities.
The Commandant General of the Corps, Prof. Ahmed Audi, ordered the nationwide deployment as part of measures to strengthen the nation’s security architecture before, during and after the yuletide period.
Audi said the decision became imperative in view of the tendency of criminal elements to exploit festive periods to carry out acts of banditry, kidnapping, terrorism, insurgency and other crimes.
He stressed that many security threats could be effectively curtailed if citizens embraced the culture of providing credible and timely intelligence to security agencies. According to him, proactive intelligence-sharing would aid early intervention and lead to the arrest of individuals who pose threats to national security.
“To prevent crimes rather than react to them, it is imperative for members of the public to trust and collaborate with us by providing credible and timely information that will enable swift action,” the NSCDC boss said.
Audi directed Zonal Commanders to closely monitor formations under their jurisdiction, while State Commandants are to coordinate Area Commands, Divisional Offices and other operational units to ensure effective coverage.
He explained that the deployment involves both covert and overt operations, with full mobilisation of personnel aimed at guaranteeing maximum human security and safeguarding government assets nationwide.
Reaffirming the Corps’ commitment to national peace and stability, the NSCDC helmsman assured Nigerians of enhanced collaboration with sister security agencies to ensure a safe environment conducive to development.
He said: “Our unwavering commitment is to ensure a safe and secure environment, and this can only be achieved with the active support of the public.”
The assurance was contained in a statement signed by the National Public Relations Officer of the Corps, Afolabi Babawale.
Yuletide: NSCDC Deploys 55,000 Operatives Nationwide, Intensifies Intelligence to Tackle Insecurity
Military arrest policemen on VIP escort duty in violation of President Tinubu’s directive
By: Zagazola Makama
The military has arrested four police officers for allegedly providing unauthorised escort services to a VIP in contravention of the presidential directive on the withdrawal of policemen from VIP protection duties.
Police sources told Zagazola Makama that the arrest occurred on Dec. 17 at about 9:30 a.m., while the officers were reportedly on escort duty.
Those arrested were identified as ASP Musa Waziri and Insp. Jeremiah Achimogu both attached to 45 Police Mobile Force (PMF), Abuja; Insp. Awipi Terry of 21 PMF; and Insp. Hassan Baba of 50 PMF, Abuja.
According to security sources, the officers were arrested by military personnel after allegedly flouting the presidential order withdrawing police personnel from VIP escort duties.
The sources further disclosed that the policemen were dressed in uniforms similar to that of the Nigeria Security and Civil Defence Corps (NSCDC), allegedly in an attempt to evade detection and deceive enforcement personnel.
The arrested officers have since been detained, while disciplinary procedures have been initiated against them in line with extant regulations.
The Federal Government had earlier directed the immediate withdrawal of police personnel from unauthorised VIP protection duties to redeploy manpower to core policing and internal security operations across the country.
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