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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 repel insurgents, neutralise suspected informant in Borno
By: Zagazola Makama
Troops of Operation Hadin Kai have repelled suspected insurgents and neutralised a suspected informant during operations in Ngamdu area of Borno.
Military sources said the action followed signals intelligence indicating that suspected Boko Haram elements were massing.
At about 2:30 a.m. on Feb. 18, troops carried out a fire mission on the identified area, forcing the insurgents to disperse and abort their suspected plan.
Shortly afterward, at about 3:45 a.m., troops engaged and neutralised a suspected insurgent informant who attempted to breach the trench defensive position in Ngamdu.
Sources said the troops immediately conducted a search of the surrounding area after the encounter but made no further contact with fleeing suspects.
Troops repel insurgents, neutralise suspected informant in Borno
Yobe: Troops Disperse Terrorists, Arrest Five Suspected Arms Smugglers
By: Zagazola Makama
Troops of Operation Hadin Kai have disrupted a suspected terrorist gathering and arrested five suspected arms smugglers during separate operations in Yobe State.
Security sources said that at about 6:21 p.m. on Feb. 17, troops conducted a fire mission following credible intelligence that terrorists were converging in large numbers on motorcycles at Mangari, about 10.6 kilometres from the location of the 135 Special Forces Battalion in Buratai.
The swift action forced the insurgents to disperse in disarray, effectively disrupting their suspected plans.
In a separate development, troops of the Forward Operating Base (FOB) Potiskum apprehended five suspected arms smugglers and abductors at about 4:30 a.m. on Feb. 18 at a checkpoint along the Gombe–Potiskum road.
Those arrested included a 41-year-old suspect, Baba Abare, who was found in possession of an AK-47 rifle, alongside four others identified as Idris Zakari, 33; Nasiru Aliyu, 25; Abdullahi Sulaiman, 35; and Mohammed Idris, 34, all said to be indigenes of Potiskum town.
The suspects were intercepted in two Golf Wagon vehicles bearing registration numbers Borno NGL-506XA and Kaduna DKD16-01.
They were disarmed and handed over to appropriate authorities for further investigation.
Yobe: Troops Disperse Terrorists, Arrest Five Suspected Arms Smugglers
News
Ward Congress: Bayelsa APC Group Condemns Marginalization Of Sylva’s Supporters, Call On Party NWC, Tinubu To Intervene
Ward Congress: Bayelsa APC Group Condemns Marginalization Of Sylva’s Supporters, Call On Party NWC, Tinubu To Intervene
The Bayelsa State Chapter of the All Progressives Congress (APC) Grassroot Movement (BSAGM), has expressed deep dissatisfaction over the State Governor, Senator Douye Diri biased, marginalized conduct of the party ward congress in the state.
Condemning in strong terms the APC ward congress conducted on Wednesday, 18th of February, 2026, the group described the process as witch-hunt of a selected group of stakeholders and leaders in the party.
A statement issued on Thursday by the group’s spokesman, Mr John Peremobowei, condemned the governor’s deliberate segregation of key stakeholders in various wards geared towards generating division.
Some APC stalwarts through their followers have expressed profound dissatisfaction on the social media over segregation and non-inclusion of critical stakeholders who stood firmly as an opposition in building the “Hausa party” in Bayelsa State.
They stated that Governor Douye Diri’s failure to conduct an all inclusive APC congress in various wards across the state; which is his first assignment as party leader after defection, has proven beyond a shadow of doubt that the governor is incapable to manage affairs of the party in the state.
The group said “Governor Diri who could not manage insignificant affairs of the Peoples Democratic Party, PDP leading to Mr George Turnah factional leadership in Bayelsa, has transferred the same attitude from the PDP to the APC barely four months of defection.
“The governor whose administration and leadership depend, and feed on propaganda, rumours, gossip from subordinates without investigation before making decisions, obviously cannot build, neither maintain the APC–as he couldn’t manage the PDP.
“Senator Diri leadership of division, propaganda to incite leaders against other leaders, can’t build people like he was deliberately built by the likes of former President Goodluck Ebele Jonathan, GCFR, Chief Timi Alaibe, Senator Seriake Dickson and others.
“Diri is a Supreme Court Governor who has never had grassroot support due to failure to manage people from his days in house of representatives, senate till date as governor, and the Bayelsa APC is in trouble because he can’t build neither maintain a party.”
The group said the governor who was a financier of Atiku-Okowa PDP presidential ticket, and worked so hard against President Ahmed Bola Tinubu in the 2023 presidential election, defected to the APC for fear of prosecution by the anti-corruption agencies over misappropriation.
Governor Diri who has been receiving over thirty-four billion naira and above on a monthly basis from the federation account since the inception of President Bola Tinubu administration, was caught by the United States interpol with huge amount of money early 2025.
The group’s spokesman cried out to the APC National Working Committee, President Bola Tinubu for immediate intervention, saying followers/loyalists of the former governor and minister, Chief Timipre Sylva were sidelined in the ward congress in various wards across the state, describing it as witch-hunt.
“Sylva with the support of loyalists brought APC to Bayelsa, and fought so hard to build, and strengthen the party as an opposition, and today, he is unjustly marginalized in the party.
“Despite undeserved exclusion in the party congresses, we the steadfast supporters of Chief Timipre Sylva will stand firm in galvanizing support for President Bola Tinubu re-election.
“We have stood firm in APC even as an opposition in the state, but can’t relent now that it is the ruling party.
“We call on President Bola Tinubu to intervene, as he did in Rivers, and call Governor Douye Diri to order–as his actions are targeted towards generating division in the party.
Ward Congress: Bayelsa APC Group Condemns Marginalization Of Sylva’s Supporters, Call On Party NWC, Tinubu To Intervene
Troops repel insurgents, neutralise suspected informant in Borno
Yobe: Troops Disperse Terrorists, Arrest Five Suspected Arms Smugglers
Ward Congress: Bayelsa APC Group Condemns Marginalization Of Sylva’s Supporters, Call On Party NWC, Tinubu To Intervene
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