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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
Another Bandits group release three women in Katsina in peace deal promises
By: Zagazola Makama
Another group of repentant bandits has released three women in Katsina State as part of the ongoing peace process in the state.
The women, whose names were not immediately disclosed, were said to have been held by a notorious bandit leader, Kacalla Zailani, who controls the Maigora axis.
Community sources told Zagazola on Wednesday that Zailani freed the captives voluntarily without collecting ransom.
“He handed over the women to the mediators as a gesture of goodwill to consolidate the peace deal,” one of the sources said.
Another Bandits group release three women in Katsina in peace deal promises
Zulum Pledges Legal Reform to Deepen Justice System
… Fagbemi: Zulum, people-centred and reform-driven Gov.
By: Our Reporter
Borno State Governor, Prof. Babagana Umara Zulum, has reaffirmed his commitment to working closely with the Federal Government, National Assembly and other partners to deepen reforms in the state justice system especially at the grassroots level.
Governor Zulum made the commitment on Wednesday at the 2025 Justice Sector Leadership Retreat held at the International Conference Centre of Musa Usman Secretariat, Maiduguri.
“I reaffirm Borno State’s commitment to working with the Federal Government, the Judiciary, the National Assembly, and development partners to deepen reforms in our justice system, especially at the grassroots level,” Zulum stated.
The governor stressed the need for the deployment of technology which will make justice delivery faster, transparent and accountable to the citizenry, noting that Borno State had already adopted the use of digital technology to bridge justice delivery gap.
“In Borno State, we are already witnessing how digital tools have enhanced case tracking, enabling virtual court sittings, thus improving prison decongestion and streaming access to legal aid especially in hard-to-reach areas. If deployed strategically, technology can bridge the gap between rural and urban justice access,” he remarked.
“This is particularly important in Borno State where we continue to recover from a protracted
insurgency and humanitarian crisis. Justice must serve as a foundation for healing, rebuilding trust and restoring the social contract”.
The governor emphasized the need for institutional collaboration and coordinated reform to effectively confront the menace of terrorism, corruption, resolving land disputes and securing investments for a better society.
“I urge all of us here as policymakers, jurists, administrators and stakeholders to see
coordination not as a procedural matter, but as a moral imperative. Our people deserve a system that works, not one riddled with delays, duplications, or inefficiencies”.
The retreat themed “Strengthening Justice Sector Service Delivery through Technology, Innovation and Co-ordinated Reform” underscores the importance of deployment of digital tools to fast track judicial process.
The event was attended by the senator representing Borno Central, Senator Kaka Shehu Lawan SAN; APC State Chairman, Hon. Bello Ayuba, Chairman/CEO NDLEA, Brig. Gen (rtd) Buba Marwa; Solicitor General of the Federation, Beatrice Jeddy-Agba, Heads of Agencies under Federal Ministry of Justice. Others include Secretary to the State Government, Head of Service, acting Chief of Staff, the State Attorney-General, members of the state executive council, and other top government officials.
… Zulum: people-centred, and reform-driven Gov -Fegbemi
Attorney General and Minister of Justice, Mr Lateef Fagbemi (SAN), has lauded Governor Babagana Zulum’s people-centred transformation and reforms in the justice sector.
“Just like other sectors, your impact in the justice sector has been profound. The launch of Borno State e-Justice project in
partnership with Law Pavilion has positioned the state as a pacesetter in digital transformation. With tools such as the Case
Management System, e-Library, and electronic mail tracking for legal processes, Borno is pioneering efficiency and transparency
in judicial service delivery,” Fagbemi stated.
“Borno under your leadership has become a case study in resilience and renewal. You have shown that governance is not about slogans but about solutions; not about rhetoric but about results. You have elevated the standard of leadership by demonstrating that ideas, when backed by courage and action, can transform societies, no matter the odds,” he added.
“In a state that has endured some of the toughest trials in our nation’s history, you did not succumb to despair. Instead, you applied
innovative thinking, sound judgment, and a data-driven approach to policy and the results are visible to all”.
The Attorney General called for the need to update the nation’s legal frameworks to support these innovations and invest in digital literacy,
cybersecurity, and data management for the professionals.
“By fostering a culture of innovation and leveraging the transformative power of technology, we can build a justice system that is more efficient, more accessible, and more equitable for all Nigerians,” he concluded.
Zulum Pledges Legal Reform to Deepen Justice System
Bandit Kingpin Releases 28 Captives in Katsina Following Peace Deal
By: Zagazola Makama
A total of 28 persons abducted by suspected bandits in Faskari Local Government Area of Katsina State have been released without ransom following a peace arrangement with bandit kingpin.
The bandits, led by their commander identified as Isya Akwashi Garwa, handed over the captives to officials of the council on Wednesday.
Zagazola reports that those released were largely residents of Mairua, Kanen-haki and Yar Dabaru communities.
Local authorities confirmed that the release was the outcome of a reconciliation effort initiated in the area to restore peace and reduce violent attacks.
Community leaders in Faskari described the development as a positive signal and urged both sides to sustain the peace process. They also urged the bandit to force other bandits still attacking in the area to stop.
A council official, who spoke on condition of anonymity, said: “The captives were released this afternoon without any ransom being paid. The bandit leader fulfilled his promise under the peace talks,”he said.
Meanwhile, residents expressed relief at the safe return of the abductees, with some calling for stronger security guarantees to consolidate the gesture.
Bandit Kingpin Releases 28 Captives in Katsina Following Peace Deal
Another Bandits group release three women in Katsina in peace deal promises
Zulum Pledges Legal Reform to Deepen Justice System
Bandit Kingpin Releases 28 Captives in Katsina Following Peace Deal
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