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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
Retired Delta High Court Judge found murdered in Asaba Delta
By: Zagazola Makama
A retired Delta State High Court judge, Justice Ifeoma Okogwu, was found murdered at her residence in Asaba on Monday morning.
Security sources told Zagazola Makama that the victim, was discovered lifeless in her sitting room at No. 8 Tom Halen Street, behind IBTC Bank, with her hands and legs tied and her mouth covered with a wrapper.
Her brother, Emeka Okogwu, reported the incident to the Police at about 8:00 a.m. while visiting her home. Following the report, patrol teams were deployed to the scene.
The on-duty security guard, Lucky Matthew, was arrested for questioning, while another guard, Godwin Vanen, was reported missing and is being sought.
The police said the body of Justice Okogwu was evacuated and deposited at Maduemeie Hospital Mortuary, Asaba. Investigation into the motive and identification of the assailants is ongoing.
The case has been transferred to SCID Asaba for discreet investigation.
Retired Delta High Court Judge found murdered in Asaba Delta
NTAC DG Commends CIFCFIN for Giant Strides on 2nd Founders’ Day
By: Michael Mike
The Director General of the Nigerian Technical Aid Corps, Rt. Hon. Yusuf Buba Yakub, has commended the Chartered Institute of Forensics and Fraud Investigators of Nigeria (CIFCFIN) for its remarkable achievements since its establishment, describing the Institute’s progress as “giant strides”.
The commendation was made during CIFCFIN’s 2nd Founders’ Day celebration, which took place,Thursday,in Abuja,and also featured the induction of new members, professional practitioners, and Fellows of the Institute; in addition to a few Awards to some deserving individuals.
The event,which was chaired by Hon. Justice Moore Abraham Aseimo of the Supreme Court of Nigeria,had in attendance several dignitaries,including the CIFCIN Founder and Pioneer President,
Dr. Iliyasu Buba Gashinbaki;Alh. Mairiga Aliyu Katuga,Chairman of the Securities and Exchange Commission (SEC) as well as Dr. Isa Egah Salifu, Registrar/CEO and Secretary to the Council of CIFCFIN.
Others included the
former EFCC Chairman, Mr. Ibrahim Magu; representative of the Development Bank of Nigeria;representative of the Inspector General of Police as well as the representative of the Corps Marshall of the Federal Roads Safety Corps (FRSC),among many other senior officials of Government and stakeholders of the Institute.
In his remarks,Rt.Hon. Buba expressed pride in the milestones attained by CIFCFIN, noting that the Institute’s growth reflects a strong commitment to professionalism in forensics and fraud investigation,both of which are critical to Nigeria’s fight against corruption and economic crime.
Among those honoured at the event were the NTAC DG,whose role as the sponsor of the Bill for the establishment of the Institute was applauded by all.
The ceremony concluded with an official photo session with the Institute’s leadership and invited guests.
End
Christian Genocide: Information Minister Asks CSOs to Correct Misinformation About Nigeria
By: Michael Mike
The Minister of Information and National Orientation, Mohammed Idris, has appealed to Civil Society Organisations to help correct the misrepresentations of Nigeria as a violator of religious freedom.
The Minister made the appeal at the 25th Anniversary of ActionAid in Abuja.
He said there is an urgent need for CSOs in the country to counter the narratives by applying evidence-based insights into the Nigerian situation.
Idris while addressing the misconceptions about Nigeria abroad, insisted that the country is not a violator of religious freedom and reaffirmed that such freedoms are clearly guaranteed in the constitution.
The minister who acknowledged security challenges even as he emphasized that government efforts are yielding progress, cautioned against narratives that mischaracterise Nigeria and strain its relations with its partners, particularly the United States.
He admitted lthe government’s responsibility to protect citizens, especially children, stating that “our children must be safe in their schools, safe in their communities, and safe in their homes” and highlighted President Tinubu’s recent declaration of a national emergency on security.
He revealed that the emergency measures include new recruitment into security agencies, support for state-level security outfits, and a push for legislative action towards establishing state police.
He described the declaration as a turning point in the fight against terrorism and banditry.
He called on CSOs to deepen their support for open governance, media freedom, digital literacy, and community development, and affirmed that ActionAid’s contributions in these areas remain “complementary and invaluable” to national progress.
The Minister who was the Chairman of ActionAid Nigeria 25 years anniversary celebration commended AAN for its action, service, and transformative work across the country.
He said, “For a quarter of a century, ActionAid has taken development to the frontlines, empowering women and girls, strengthening education, improving healthcare, advocating for governance reforms, supporting communities during crises, and amplifying the voices of the most vulnerable.”
He noted that ActionAid must be praised for its innumerable responses to challenging humanitarian situations and grassroots empowerment work that have shaped policy and community development in profound and measurable ways in Nigeria. “Today, we gather to honour this legacy and to look toward the next chapter.”
The Minister said: “I am equally pleased to unveil the ActionAid building prototype, a strong signal of organisational growth and long-term presence in Nigeria. This forward-looking investment reflects ActionAid’s commitment to deepening its contribution to our nation over the next 25 years and beyond. These milestones deserve our collective applause.”
In his remarks, Country Director, ActionAid Nigeria, Andrew Mamedu, said the struggle of AAN in the last 25 years is to help contain poverty, a struggle he said has not been of convenience but of conviction.
He said: “25 years ago, ActionAid Nigeria began with a simple but radical proposition that poverty is not natural.
And that exclusion is not a condition to be managed by the system. But we have to dismantle it. The true development does not happen when charity is displaced.
“Charity may be rights, give things, that’s charity. But when power is shifted from privilege to the marginalised, from silence to participation, from oppression to agency, our journey has never been one of convenience, it has been one of conviction.
“We have chosen to take sides with women denied their rights, with youth denied their voices, and with communities denied access to opportunities they deserve.
“Because we know that to end poverty, we must confront the structural injustice that creates it. “So for the past 25 years, we have stood shoulder to shoulder with people living in poverty and exclusion. Not as saviours, we don’t see ourselves as saviours, but as allies who are working together.”
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