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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
Bandit kill police operative, cart away service weapon in Bukuyum in Zamfara
By: Zagazola Makama
A mobile police operative attached to Operation Restore Peace has been killed in an ambush by armed bandits in Adabka village, Bukkuyum Local Government Area of Zamfara State.
Zagazola Makama gathered that the incident occurred on Tuesday at about 11:44 a.m. when the officer, deployed from Mopol 15, Ilorin, left his duty location in Adabka en route to Tibis village to purchase essential supplies.
Security sources in Bukkuyum told Zagazola that the operative was attacked at the outskirts of Adabka by armed bandits concealed in the surrounding bushes.
The attackers reportedly opened fire on the officer, killing him instantly before carting away his service riot gun.
“Field teams deployed to the scene recovered the body of the fallen operative, which was evacuated to Adabka Primary Health Care Centre for documentation,” the source said.
Sources said that the mode of attack aligns with operational tactics used by bandit factions linked to the Dan-Karama Gwaska and Dansadau networks, known for precision ambushes and rapid withdrawal.
Bandit kill police operative, cart away service weapon in Bukuyum in Zamfara
GSU’s Public Administration Dept hosts maiden int’l conference
Stakeholders comprising academics, policymakers, security experts and public-sector practitioners have deliberated ways of tackling insecurity in the country through a multi-faceted approach that includes economic empowerment, improved governance, and enhanced security cooperation.
They made the submission during the maiden International Conference organised by the Department of Public Administration, Gombe State University (GSU).
The conference was declared open on Tuesday by Prof. Sani Ahmed Yauta, the Vice Chancellor of the institution who stated that any engagement aimed at proffering solutions to the security challenges of the country was an engagement borne out of the need to fast-track national development and stability.
Represented by the Deputy Vice Chancellor (Administration) Prof. Danladi Umar, Yauta urged participants to leverage the conference to contribute to ongoing efforts at addressing security challenges so as to enhance peace and development in the country.
In his keynote address, Prof. Ibrahim Abubakar Njodi, Secretary to the Gombe State Government, linked good governance to enhanced security and national development.
Njodi stressed that good governance remained a critical tool to earning citizens’ trust needed to maintain peace and to strengthen development across the country.
He stated that discourse around Nigeria’s governance had become imperative in view of the current security challenges confronting the nation and threatening national development.
He stressed the need for subnational governments to drive national development, adding that they have massive roles to play in determining Nigeria’s progress.
“It is the aggregation of subnational experiences—state successes and failures—that ultimately determines Nigeria’s trajectory.”
Njodi cited the Gombe State governance model and how it had contributed to improvement in human capital development as well as the development of the state and therefore resulting in the peaceful status that the state had enjoyed under Gov Inuwa Yahaya of Gombe State’s leadership.
“The state’s development trajectory under Gov. Yahaya offers a practical demonstration of how visionary leadership, institutional innovation and participatory governance can transform a subnational entity within Nigeria’s federal system.
Speaking earlier, the Head of Public Administration Department, Prof. Matthew Funsho Bello, described the event as historic for both the department and the university.
Bello said that the conference’s theme, “Governance, Insecurity and National Development in Nigeria: Issues and Challenges,” was timely given the complexities of the nation’s socio-economic and security challenges.
“This gathering of distinguished scholars, public-sector experts, policymakers and practitioners from across the country marks a major milestone in our collective quest to address the vexing issues affecting our national life,” he said.
According to him, the theme reflects “the urgent need for academia, security agencies and public-sector experts to engage in constructive dialogue on how addressing insecurity and governance can drive sustainable development in Nigeria.
Security experts amongst other professionals made their presentations during the conference which are expected to form part of the recommendations at the end of the two-day event.
Dr Lawal Abdullahi Oladimeji, the Chairman of the Local Organising Committee of the Conference, lauded all participants and invited guests for the success of the maiden event.
Oladimeji said that recommendations from the conference would be given to relevant stakeholders towards enhancing national security and development.
GSU’s Public Administration Dept hosts maiden int’l conference
21 villagers abducted in kano communities as Security forces intensify search operation
By: Zagazola Makama
Twenty-one persons have been abducted by suspected bandits in three villages of Tsanyawa Local Government Area of Kano State.
Zagazola Makama learnt that the coordinated attacks occurred in Sundu, Biresawa and Masaurari villages.
According to community members, two women were taken from Sundu, while five women and two children were abducted at Biresawa.
In Masaurari, nine men and one woman were reportedly seized, bringing the total number of abducted persons to 21 comprising nine men, eight women and two children.
The Police Command in Kano confirmed the attack noting that efforts had been intensified to rescue all victims unhurt.
The sources added that additional operatives had been deployed to the affected axis, while the area was being combed in collaboration with local vigilance groups and other security agencies.
The command assured residents of its commitment to restoring peace and urged the public to provide credible information that could aid ongoing operations.
21 villagers abducted in kano communities as Security forces intensify search operation
Troops neutralise Lakurawa bandit, recover motorcycles in Kebbi
Bandit kill police operative, cart away service weapon in Bukuyum in Zamfara
GSU’s Public Administration Dept hosts maiden int’l conference
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