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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
National Progressive Hub (NPH) Urges Support for President Tinubu’s Second Tenure
By Comrade Philip Ikodor
The National Progressive Hub (NPH), a leading support group for the All Progressives Congress (APC), has called on all Nigerians to rally behind President Ahmed Bola Tinubu GCFR for a successful second term in office come 2027.
In a statement, National Coordinator/Convener, Honorable Bukie Okangbe, praised the APC administration for its efforts towards nation-building and economic stability. Okangbe highlighted the NPH’s previous support for President Tinubu, including a National Security and Endorsement event in 2022 that contributed to the party’s successful general election outcome.
The NPH is gearing up for a Grand Endorsement event for President Tinubu’s second term, scheduled to hold on February 26th at the Musa Yaradua Center, CBD, Abuja. The event will also feature the inauguration of 36 state coordinators, including the FCT, and address critical national issues.
“We invite everyone to join us at this significant event,” Okangbe said. “Your presence will be a testament to our collective commitment to Nigeria’s progress and the APC’s vision for a better future.”
The event promises to be a landmark occasion, showcasing the NPH’s dedication to the APC and President Tinubu’s leadership.
National Progressive Hub (NPH) Urges Support for President Tinubu’s Second Tenure
Borno: Zulum distributes farm tools, commissions school in Damasak
By: Our Reporter
Borno State Governor, Professor Babagana Umara Zulum, on Sunday, distributed farm tools to farmers and commissioned a new high Islamic school in Damasak, headquarters of Mobbar Local Government Area.
Governor Zulum was accompanied by the Minister of Budget and Economic Planning, Senator Abubakar Atiku Bagudu, and the Minister of Agriculture and Food Security, Senator Abubakar Kyari.
Zulum’s agricultural intervention aimed to boost dry-season farming and enhance the livelihoods of returnees who are gradually resettling in the community.
Zulum said, “From the beginning of this administration, dry season irrigation farming was adopted as a strategic component of the state’s food security framework. Recognising the limitations of rain-fed agriculture in the context of climate variability, insecurity, and population growth, the government implemented a dual-season production strategy to ensure year-round farming.”
He added, “Today’s distribution of 1,000 solar-powered water pumps and 200 complete tubewell drilling kits build upon earlier targeted interventions in Damasak and surrounding communities, including irrigation infrastructure development, mechanisation services, farmer-training, cooperative support, and security stabilisation measures.”
He stated, “The state remains aligned with the Presidential Food Systems Coordinating Unit and continues collaboration with relevant Federal Ministries and development partners to strengthen agricultural productivity, processing, and market integration.”
At the commissioning of the newly constructed high Islamic school, Zulum noted, “the commissioning of the Higher Islamic College, Damasak, represents a major milestone in the state government’s policy to expand and modernise sangaya education across Borno State. This intervention reflects our commitment to building an inclusive education system that integrates spiritual development with academic and vocational advancement.”
“All Higher Islamic Colleges operate under the approved curriculum of the National Board for Arabic and Islamic Studies (NBAIS), enabling students to obtain O-Level equivalent certification and pursue further education where desired.”
In his remarks, the commissioner of education, Engr Lawan Abba Wakilbe, underscores Governor Zulum’s giant strides, stating, “this institution forms part of a wider education recovery and expansion programme implemented across Borno State. Under the leadership of His Excellency,”
“The state has constructed One Hundred and Four (104) Mega Schools, rehabilitated and remodelled One Thousand and Eighty-Seven (1,087) classrooms, executed major works in forty (40) additional schools, restored thirty (30) flood-affected schools, and delivered numerous classroom projects through the State Universal Basic Education Board.”
“These strategic investments have yielded measurable progress. The number of out-of-school children has declined significantly from approximately 2.2 million to fewer than Eight Hundred Thousand (800,000). Current enrolment for the 2025 academic year stands at One Million Four Hundred and Eighteen thousand two hundred and seventy-nine (1,418,279) learners, with further increases expected as Women Leader, Hajiya Fati Alkali Kakenna.
Borno: Zulum distributes farm tools, commissions school in Damasak
Air-ground offensive foils Kukawa attack, destroys gun trucks
By: Zagazola Makama
Troops have thwarted a coordinated multi-pronged terrorist assault on positions in Kukawa after a prolonged overnight battle supported by air strikes.
Military sources said the attackers, mounted on gun trucks, motorcycles and on foot, launched the assault from multiple directions late on Feb. 20.
Troops mounted a determined defence, engaging the insurgents in intense combat that lasted into the early hours of Feb. 21 before forcing them to withdraw while dragging away casualties.
Air strikes later destroyed one gun truck and several motorcycles carrying fleeing fighters, neutralising additional terrorists.
During follow-up exploitation, troops recovered 13 AK-47 rifles, 16 loaded magazines, three handheld radios, and other items believed to have been used by the attackers, as well as evidence of casualties evacuated by the group.
One soldier was killed during the encounter, while some equipment was damaged by rocket fire. Injured personnel were evacuated and are reported to be in stable condition.
Military authorities said the coordinated operations demonstrated sustained pressure on insurgent elements and continued efforts to degrade their combat capability across the theatre.
Air-ground offensive foils Kukawa attack, destroys gun trucks
National Progressive Hub (NPH) Urges Support for President Tinubu’s Second Tenure
Borno: Zulum distributes farm tools, commissions school in Damasak
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