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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
Troops Neutralise Terrorist, One Vigilante Injured in Sokoto
By: Zagazola Makama
Troops of the Nigerian Army have neutralised a suspected terrorist during a firefight in Wurno Local Government Area of Sokoto State.
Security sources told Zagazola Makama that the incident occurred at about 12:10 a.m. on April 23 when troops of 8 Division Garrison, deployed at Forward Operating Base (FOB) Marnona, responded to intelligence on terrorist activities at Illela village.
The sources said the troops made contact with the assailants and engaged them in a gun battle.
“Following the exchange of fire, one terrorist was neutralised, while others fled the scene,” the sources said.
They added that a vigilante member who supported the operation sustained a gunshot wound during the encounter and was evacuated for medical attention.
According to the sources, troops have continued to dominate the general area to forestall further terrorist activities.
Troops Neutralise Terrorist, One Vigilante Injured in Sokoto
285 Graduate From the NOUN Maiduguri Centre
By: Bodunrin Kayode
285 students have graduated from the Maiduguri study centre of the National Open University (NOUN) last weekend.
The convocation ceremony which was conducted at the Baga road centre by the director Associate Prof Buba Shani was the largest so far in the history of the Borno centre.
Revealing this in a post convocation chat was the director of centre, Associate Prof Buba Shani who spoke with this reporter on the gains, achievements and the challenges associated with managing the only centre in Borno state.
He revealed that electricity supply from the national grid was the primary challenge he had to face headlong when he took charge adding that it was very obvious power supply affected the daily administration and the conducive nature of the environment for students to study.
To him, a study centre without constant electricity was a big minus on the very academics which the centre was created to support adding that they were very happy to be hooked up with the national grid now.
“But we have been able to get over it because the centre was not on the national grid but we are now connected to the national supplies after almost six years of not having supplies.
” And with support from the North East Development Commission (NEDC) and the NOUN alumni association, we now have a lighted compound where students can read even in the evenings if they wish to.” Said the director.
He said that since he took charge as head of management, the student population has increased from 600 to about 1,200 and they are still counting adding that inspite of the previous instability of the city, students now operate with peace of mind with the stability of the security within the city of Maiduguri.
Above all, Prof Shani noted that he was happy with the existing relationship within the staff and students in the centre, which is ensuring that their studies are smooth.
Restriction of law from NYSC
On restriction of some courses from the National Youth Service Corp (NYSC), he hinted that no course is suffering from that syndrome.
” Whatever applies to the centre applies to the whole country and it is not just in the Maiduguri centre alone.
” But I must tell you that the undergraduate course for law has been scrapped for now and this is a decision of the National Universities Commission (NUC).
“Sadly, the previous management did not do much about ensuring that the course is properly situated and offering it doesn’t become a challenge during their time.
“However, we admit only post graduate courses in law and related courses for now. We would continue to push to get to our expected end at all cost concerning the undergraduate law program ” he concluded.
The Maiduguri study centre has operated for about 22 years defying all the threats of the lingering insurgency in Borno State.
285 Graduate From the NOUN Maiduguri Centre
2027: I’ll make Adamawa better with my 10-point agenda- Dr Girei
Dr Salihu Girei, a former Director of Research, Development and Centre of Excellence, Tertiary Education Trust Fund (TETfund), has formally declared interest to contest the Governorship seat in Adamawa under the platform of the All Progressives Congress (APC).
Girei made his intention to govern the state known at a press conference in Yola while unveiling a 10-point agenda for the development of the state.
He said if given the mandate he would impact positively in the state especially at the grassroots.
He listed some of the agenda to include: free and quality education at the primary and secondary levels, healthcare service delivery, agriculture, women and youth empowerment, employment opportunities rural development among others.
Girei promised to provide a special salary package for teachers and 100 per cent review of pension for retirees.
He explained that he is presenting himself to the electorate to vote for in order to provide good governance, saying, he has a lot to offer towards improving the wellbeing of citizens of Adamawa State.
According to him, he contributed enormously to the development of the state and country at large for 33 years as a public administrator, and as a policy maker.
“I was Executive Chairman of Adamawa State Universal Basic Education Board, where I was privileged to transform the education landscape, especially at the basic education level.
“I built at least 5,500 classrooms record. Were able to recruit at least 17,000 teachers in four years.
“We promoted teachers that were lagging behind in promotion. We trained and retrained teachers. We did a lot in terms of supervision of teachers and schools”, he said.
He said, based on those factors, he knows Adamawa well and its challenges and has the capacity to deliver for the citizens.
“There is no ward in Adamawa that I have not been to. I’ve visited all in my capacity as Chairman of SUBEB and Commissioner for LG Affairs”, he said.
Dr Girei earlier visited the APC Secretariat to formally declare his intentions to the party Executives and congratulated them for their emergence as the new EXCO.
In his remarks, Alhaji Hamza Madagali appreciated the visit and assured the party’s readiness to conduct free, fair and credible primary elections across all political offices.
2027: I’ll make Adamawa better with my 10-point agenda- Dr Girei
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