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

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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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I Am Pained Over Loss of Lives in Maitama, Okija Stampedes, says Women Affairs Minister

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I Am Pained Over Loss of Lives in Maitama, Okija Stampedes, says Women Affairs Minister

*says incidences avoidable

By: Michael Mike

Minister of Women Affairs, Hajiya Imaan Sulaiman-Ibrahim, has lamented the losses of lives in Maitama, Abuja and at Okija, in Anambra State during food distribution drives by private institutions aimed at supporting the people as they celebrate the festive season.

The minister expressed deep grief describing the gestures of the donors as laudable, but condemned the crowd management approaches adopted.

In a statement on Saturday by her media team, Sulaiman-Ibrahim stated that they were avoidable incidences, and prayed for the repose of their lives, and speedy recovery for those injured.

While condoling with with the FCT Minister, His Excellency Nyesom Wike and the Anambra State Governor, Professor Charles Soludo, the minister called for thorough investigations into the incidences in order to forestall future occurrences.

The minister emphasized the need for crowd assessment which involves estimating the number of recipients and planning accordingly as a pre-event measure.

She also admonished Nigerians who are planning similar distributions to choose spacious, open areas with minimal obstacles, adding that distributions should be scheduled at a time when the crowd is likely to be smaller.

The statement reads in parts : “I am deeply pained by the news of stampedes in Abuja and Okija in Anambra State today. As a mother, I understand the pain of loosing anyone in death under such horrible circumstances. I join the families and governments of the FCT and Anambra State in this distressing moments, and feels the pains of those directly affected.

“These incidences are avoidable if adequate safety measures are put in place. I hereby call on security agencies to investigate these cases in order to forestall future occurrences.

“By implementing the above measures, the risk of stampedes during food distribution would be minimized.

I Am Pained Over Loss of Lives in Maitama, Okija Stampedes, says Women Affairs Minister

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Christmas: Gov Zulum Provides Free Transport To 710 Borno Non Indigenes

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Christmas: Gov Zulum Provides Free Transport To 710 Borno Non Indigenes

By Francis Okoye

Borno State Governor, Babagana Umara Zulum has provided free transport to 710 non Indigenes living in the State to enable them travel home to celebrate the Christmas and the new year with their loved ones .

The free transport scheme which was flagg-off on Saturday at the Borno Express Bus Terminus saw about 285 persons traveling to the various parts of the country, of which the second batch of 285 would travel on Sunday, while the remaining ones would be leaving the State on Monday.

Speaking during the flagging off, the Chairman/ Zonal Coordinator Ohaneze All Progressives Congress ( APC ) support group, Chief Ugochukwu Egwidike , said each of the 710 travellers apart from the free transport scheme would receive a cash sum of N50,000, while about 250 widows who did not travel would be given N50,000 each to celebrate the Christmas.

Egwudike added that Governor Zulum has made significant strides in providing succour to the needy with various initiatives aimed at alleviating poverty and promoting social welfare, like very subsidised transportation services within Maiduguri metropolitan council, as well as sponsoring many Christians to Jerusalem for pilgrimage.

” Apart from enhanced reduced transportation in city, Governor Zulum’s administration has been offering free transport scheme for all the non Indigenes in every yulitide season like this to connect any part of the six geopolitical zones of Nigeria, with a total of 710 beneficiaries reached annually, thus bridging the gap in mobility and connectivity, and promoting economic growth and development.

“He provided emergency aid and resources to the non Indigenes affected by the recent flood incident in the State and thus showcased his ability to respond to crisis and prioritise the wellbeing of all residents. The Governor has been providing this free transport scheme to non Indigenes from 2020 to date, ” Egwudike said.

He said the Governor’s gestures demonstrate his dedication to creating a more just and equitable society where all the residents regardless of the their ethnic, religious and party affiliation, have access to resources and opportunities they need to thrive.

The Oba of Yorubas in Borno State, Alhaji Hassan Alao Yusuf who witnessed the flagging off ceremony in company of other leaders, appreciated Zulum for the gesture ,saying that the transport scheme to the non Indigenes has depicted the detribalised nature of the Governor.

” He doesn’t care about your religion, tribe or party affiliation. You can see that everyone of the travellers are happy with the Governor’s gestures. Many of them due to the present economic hardship wouldn’t have made the journey to go home and celebrate with their loved ones if not for the free transport scheme,” said Alhaji Yusuf.

In the same vein, a member of the board of trustees of Igbo Welfare Association/ Ohanaeze Ndigbo, Borno State, Pharm Napoleon Egbonu , commended Governor Zulum for his continuous support to the non Indigenes in the State,

Pharm Egbonu noted that the gesture of the Governor to the non Indigenes in the State is a unifying factor that needed to to be emulated by other Governors in building a trust and unity among ethic groups across the country.

Also speaking, the General Manager, Borno Express Transport Corperation, Grema Zanna, appreciated Governor Zulum for the gesture, saying the what the Governor has done is part of his programme of alleviating the issue of high cost transportation to the residents of the State.

He noted that those that are benefiting from the free transport scheme notwithstanding being non Indigenes have been contributing to the economic development of the State, and are part and parcel of Borno State

Christmas: Gov Zulum Provides Free Transport To 710 Borno Non Indigenes

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Buni explains achievements in 2024

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Buni explains achievements in 2024

By: Yahaya Wakili

Yobe state Governor, Hon. Mai Mala Buni, CON, has said in 2024, our effort in the health sector led the Yobe state government to win 500,000 US dollars in the primary healthcare leadership challenge for states in the North-East sub-region. 

 We have achieved 100% payment of hazard allowances and adjustment of CONMESS and CONHESS salary scales to healthcare workers, recruited 311 new members of staff, including doctors, nurses, and other cadres, and ensured the continuation of our free dialysis program for kidney patients.

Governor Buni disclosed this while addressing journalists at the End-Of-Year 2024 Media briefing at Cedars Recreation Center Damaturu, the state capital.

The governor, who was represented by his ever-loyal deputy, Hon. Idi Barde Gubana Wazirin Fune, also said, apart from the achievements recorded in the education sector, such as the building of many model and mega schools, the award of scholarships to students undergoing various courses within and outside the country, ministries, departments, and the agencies (MDAs) legacies, which are not mentioned in the speech.

Idi Barde Gubana, who read the speech of the governor who was attending another very important meeting of the Northern Governor’s Forum in Kaduna, revealed that, “in the year under review, through robust and prudent management of score resources, we were able to turn around the fortunes of our people by making significant investments in education, agriculture, healthcare, and wealth and job creation, and road construction, among others.

In the recent Multi-Purpose Cash Assistance (MPCA) empowerment program we unveiled, a total of 52,997 households and 201,300 individuals were reached with a total sum of #3,907,387,056, while 456,205 other households with a total of 974,220 individuals were reached with food and non-food items support.

He said, “In the area of agriculture and food security, through our agricultural revitalization program, the sum of #15.3 billion was spent to provide farm implements and inputs to 5,340 farmers across the 178 wards of the state. The state government is also spending $1.7 billion in the procurement of assorted grains for our strategic grains reserve.

“Similarly, in the area of wealth creation, a lot was also achieved. These include the procurement of 475 modern sewing and embroidery machines, procurement and distribution of 350 disability tricycles, procurement of 712 nos. of cows and bulls to livestock farmers, provision of cash grants of #150,000 to 3,560 micro and small entrepreneurs across 178 wards of the state, and provision of cash support of #20,000 to 4,800 unemployed youths.

 In addition, training of 85 youths on shoemaking and provision of start-up kits, distribution of 500 units of deep freezers to women in the ice-making business, procurement of 1,780 smoking stoves, 1,780 frying pans, 1,780 frying spoons, 1,780 sieving basins, and 1,780 bowls. Procurement of 100 units of pick-up tricycles for distribution to beneficiaries and the procurement and distribution of 340 work bulls, 170 ox-drawn carts, and 170 ox-drawn plows, among others.

In his welcome address, Yobe State Commissioner of Home Affairs, Information, and Culture, Hon. Abdullahi Bego, said this is the first time in as many years that His Excellency himself would avail us of the opportunity to address this kind of end-of-year gathering.

He said Yobe state, and indeed Nigeria as a whole, cannot thrive and make any meaningful progress without peace and security, and the participation of all citizens requires that the media always focus attention on what brings the people together rather than what sets them apart.

“I am confident that with your support, the Yobe state government under the charismatic and indefatigable leadership of His Excellency Governor Mai Mala Buni CON, in the months and years ahead, will continue to reach even more milestones and make an even bigger impact in the lives of the people of the state, he said.

“On behalf of the management and staff of the Ministry of Home Affairs, Information, and Culture, I want to express my deepest gratitude to His Excellency, Hon. Mai Mala Buni CON, Chiroman Gujba, ably represented by his ever-loyal deputy, Hon. Idi Barde Gubana Wazirin Fune, for sparing the time to address this distinguished gathering of our state’s press and media community.

Buni explains achievements in 2024

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