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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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Boko Haram beheads women found with charms, accuses them of shirk in Gwoza

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Boko Haram beheads women found with charms, accuses them of shirk in Gwoza

By: Zagazola Makama

Fighters of the Boko Haram faction loyal to Ali Ngulde have beheaded two women in the Mandara Mountain area of Gwoza Local Government Area of Borno State after accusing them of engaging in shirk (idolatry).

Sources told Zagazola Makama that the victims were apprehended by the terrorists who alleged they were found with charms (layu) during a search around its settlements.

In the video the insurgents claimed the charms found on the women were evidence of forbidden practices and immediately subjected them to the faction’s makeshift trial system.

They accused the two women of practising shirk after they found some charms on them. The terrorists took them to a secluded part of the mountains and executed them after the so-called trial,” the source said.

He added that the execution was carried out publicly in the presence of other fighters and people to instill fear and enforce obedience to the faction’s doctrines.

Zagazola reports that the Ali Ngulde faction has intensified punitive measures in recent months, targeting individuals accused of sorcery and spying while some were killed for attempting to defect..

Boko Haram beheads women found with charms, accuses them of shirk in Gwoza

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NSCDC intercepts diverted Yobe government tractors, exposes alleged sabotage ring in ministry

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NSCDC intercepts diverted Yobe government tractors, exposes alleged sabotage ring in ministry

By: Zagazola Makama

Operatives of the Nigeria Security and Civil Defence Corps (NSCDC) in Yobe have intercepted two government-owned tractors allegedly being smuggled out of the state for illegal sale, uncovering what sources describe as an “internal sabotage network” within the State Ministry of Agriculture and Natural Resources.

Zagazola Makama gathered that the tractors, part of Governor Mai Mala Buni’s agricultural support programme, were reportedly diverted by officials who have long been suspected of selling government-owned farm machinery to neighbouring states.

It was gathered that the latest incident occurred on Oct. 22 when NSCDC personnel intercepted two tractors being moved from an estate along the bypass in Damaturu and headed towards the Nayinawa axis, allegedly en route out of the state.

A security source said that the tractors bore clear government insignia, leaving no doubt about their ownership. However, more than one month after the interception, no official from the Ministry of Agriculture including the Commissioner, Permanent Secretary or any departmental director, has stepped forward to officially claim the machinery or explain the circumstances surrounding the attempted diversion.

“These tractors carry bold government identification. Despite that, no authorised official has come to claim them or provide documentation. Instead, we have seen strong behind-the-scenes pressure to release them quietly,” the source said.

According to the source, the NSCDC officer who made the arrest insisted that all parties involved must appear to provide explanations before the tractors could be released. His refusal to bow to pressure allegedly angered influential interests both within the Corps and in the state bureaucracy.

Zagazola gathered that the officer was subsequently transferred out of Yobe State in what insiders described as an attempt to “bury the case and silence resistance”.

Investigations further revealed that this was not the first diversion of agricultural machinery under the state’s empowerment scheme. Some tractors were reportedly smuggled and sold in a neighbouring state months earlier, with no internal accountability action taken.

The diversion of the tractors undermines Governor Buni’s vision of strengthening mechanised farming, boosting food production and mitigating food shortages in Yobe.

A senior agricultural stakeholder, who pleaded anonymity, said: This is pure economic sabotage. These tractors were procured to support farmers and strengthen food security. Diverting them for personal gain is not just theft it is an attack on the state’s development.”

Zagazola reports that the tractors remain in NSCDC custody pending official claim and clarifications. Both the NSCDC and the Ministry of Agriculture have not issued public statements on the development as at the time of filing this report.

NSCDC intercepts diverted Yobe government tractors, exposes alleged sabotage ring in ministry

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DSS arrests notorious bandit in Bauchi village, recovers cash and ammunition

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DSS arrests notorious bandit in Bauchi village, recovers cash and ammunition

By: Zagazola Makama

Operatives of the Department of State Services (DSS) have apprehended a notorious bandit in Bojinji Village on the outskirts of Bauchi during a surprise raid, recovering millions of naira in cash and a large cache of ammunition.

Sources told Zagazola Makama that the suspect had relocated to Bauchi from Zamfara State, claiming to be fleeing persecution, and had settled in the community with his family. Bauchi has been a preferred destination for people affected by conflicts in neighbouring states, but security operatives say some criminal elements exploit this pattern to mask their activities.

The raid, carried out without prior warning, caught residents by surprise. “The DSS traced the suspect’s illicit wealth and movements before executing the operation,” a security source said.

Investigations revealed that the suspect was known locally for his lavish lifestyle, spending entire days drinking at Unguwar Yelwan Angas and buying alcohol for others, but no one suspected him of criminal activity until the DSS intervention.

Security officials have urged community members to assist security agencies by reporting suspicious individuals, particularly those whose lifestyle appears inconsistent with their means, as such vigilance is critical to preventing crimes and exposing criminal networks.

Security sources have confirmed that further investigations are ongoing to determine the extent of the bandit’s operations and any accomplices within the state.

DSS arrests notorious bandit in Bauchi village, recovers cash and ammunition

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