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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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Mignot: Africa/Europe Ties Destined, Rests on Mutual Respect

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Mignot: Africa/Europe Ties Destined, Rests on Mutual Respect

By: Michael Mike

The European Union (EU) Ambassador to Nigeria and ECOWAS, Gautier Mignot has described the ties between the continents of Europe and Africa as destined and rest on long-term impact, sustainability and mutual respect.

Speaking at a reception organized for African Union and European Union in Abuja, Mignot said “the ties between both continents as a “community of destiny,” adding that Africa’s and Europe’s wellbeing are deeply interconnected.

He emphasized that the partnership rests on long-term impact, sustainability and mutual respect—principles he believes will continue to guide cooperation in the coming years.

The reception which marked the successful conclusion of the 7th African Union–European Union Summit and the 25th anniversary of the AU–EU partnership hosted by the European Union Delegation to Nigeria and ECOWAS, in collaboration with the Embassy of Angola, had in attendance envoys from both European and African countries.

The reception was jointly led by the EU Ambassador and the Ambassador of Angola, José Bamóquina Zau, whose country hosted the summit in Luanda at the end of November.

In his remarks, the EU Ambassador praised Angola for its hospitality, noting that the summit’s success was anchored largely on the commitment and support of the host government and people. He extended the appreciation of all participating delegations to Ambassador Zau and commended Angola for facilitating what he described as “a real sense of community” among nations.

Although President Bola Ahmed Tinubu was unable to attend the summit in Angola due to domestic engagements, Nigeria was represented by Vice-President Kashim Shettima.

The ambassador noted that the strong representation from both African and European sides underscored the significance attached to the partnership. According to him, the joint statement endorsed in Luanda by countries representing about 40 percent of the global community demonstrated unity and shared resolve.

He said the summit reaffirmed a shared commitment to a more inclusive global order and a fairer international financial system capable of addressing the needs of citizens across the two regions. Over the past 25 years, he added, the AU–EU partnership has matured into a platform that drives concrete results across critical areas including peace and security, economic transformation, green and digital transitions, education and regional integration.

Highlighting the Global Gateway Investment Strategy, Mignot noted that more than half of its 264 flagship projects are focused on Africa, with investment commitments of at least €150 billion.

He also cited major initiatives aligned with the AU Agenda 2063, including the €1.2 billion Team Europe programme supporting the African Continental Free Trade Area, and the Africa-Europe Green Energy Initiative targeting the delivery of 50 GW of renewable energy and electricity access for 100 million Africans by 2030.

He noted that despite occasional misconceptions about the strength of the relationship, but stressed that the EU remains Africa’s largest trading partner, leading investor, top provider of development and humanitarian assistance, and the biggest contributor to the African Peace and Security Architecture.

He highlighted youth mobility and women’s empowerment as areas of particular pride for the partnership.

On his part, Ambassador of Angola, José Bamóquina Zau on the event hosted in Angola, said: “Luanda stood up as a platform of hope and a symbol of the African desire to establish continuous relations with Europe in search of benefits of both sides.”

He said hope must be anchored on building channels of dialogue and cooperation in the areas of peace and security, trade and investment, governance, education and health, climate action, and digital transformation.

The envoy said: “We must guide our actions with a spirit of pragmatism, free from the prejudice and bureaucracy that so often hinder the implementation of important decisions taken together.”

He however stated that Africa cannot continue to be dominated by poverty while remaining a major supplier of essential raw materials to the world.

He added that: “We must to build a new, solid, and effective vision between Africa and European financial institutions, with investments in development. This is the most assertive way to avoid the suffocation caused by excessive debt burdens.”

He however said: “Our strategic partnership will only be strong and resilient if it aligns with the African Union’s Agenda 2063, and capable of responding to current global and local geopolitical challenges.”

Mignot: Africa/Europe Ties Destined, Rests on Mutual Respect

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Syrian national dies in suspected suicide in Sokoto

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Syrian national dies in suspected suicide in Sokoto

By: Zagazola Makama

A Syrian national resident in Sokoto for more than 40 years has died in a suspected case of suicide after allegedly consuming insecticide, the Sokoto State Police Command has confirmed.

Zagazola report that the incident occurred on Wednesday at about 9:30 p.m. at Gawon Nama Zaga Road.

Police said the Divisional Police Officer (DPO) received a distress call from one Tukur Registrer, who reported that a 16-year-old boy, Ahmad Aliyu of Gagi area, rushed into a nearby mosque to alert worshippers that his employer, identified as Abdulrahman Badenjki, had been found ingesting mosquito insecticide.

Upon receiving the information, the DPO and operatives immediately mobilised to the residence. The victim was found unconscious, lying on his bed. A container of Executor mosquito insecticide was reportedly found on a blue plastic chair beside him.

Police said the scene was photographed and secured for further investigation, while the victim was rushed to the Usmanu Danfodiyo University Teaching Hospital (UDUTH), Sokoto, where a medical doctor confirmed him dead on arrival.

The corpse has since been deposited at the hospital mortuary for autopsy.

According to a source from the Command, the Deputy Commissioner of Police, Criminal Investigation Department (DC CID), has visited the scene and taken over the case for discreet investigation to determine the circumstances surrounding the incident.
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Vigilante rescue attempt turns fatal in Yobe, one killed, another injured

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Vigilante rescue attempt turns fatal in Yobe, one killed, another injured

By: Zagazola Makama

A rescue attempt by vigilante operatives in the early hours of Thursday turned tragic in Sandi Village, Gulani Local Government Area of Yobe State, leaving one person dead and another injured.

According to local sources, a group of vigilante members from Damaturu, led by Danshuwa and Umar Birnigadam, arrived in Sandi Village at about 4:30 a.m. to rescue alleged kidnapped victims. The team, acting independently, reportedly proceeded straight to the scene of the suspected abduction.

During the operation, the vigilantes allegedly shot Ahmed Shuwa, 37, and Muhammad Bello, 27, both residents of the area. The operatives also arrested one Alhaji Lawan and took away a motorcycle and a bicycle.

Community members rushed the injured victims to the hospital in Bara for medical attention. However, Ahmed Shuwa later died from the gunshot wounds sustained during the incident.

Reacting to the incident, the Police in Yobe Command said that the vigilantes proceeded to the scene without notifying police operatives in Bara Division. During which they allegedly shot Ahmed Shuwa and Muhammad Bello.

Upon receiving the report, a police team visited the scene and evacuated the victims to Bara Hospital for treatment.

Sources from the Command confirmed that an investigation has commenced to determine the circumstances leading to the shooting and to ensure that the persons responsible are identified and apprehended.

The Police assured residents that decisive action will be taken to address the incident and prevent a recurrence.

Vigilante rescue attempt turns fatal in Yobe, one killed, another injured

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