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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
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Clash erupts between police, horse riders near Bayero University Kano

Clash erupts between police, horse riders near Bayero University Kano
By: Zagazola Makama
A violent clash broke out on Saturday between a group of horse riders and personnel of the Nigerian Police Force in the Rimin Gata area, opposite Bayero University Kano (New Site).
Sources told Zagazola Makama that the incident, which occurred at about 4:50 p.m., on Sunday involved a surveillance team from the Rijiyar Zaki Division of the Kano State Police Command.
It was gathered that the confrontation followed a tip-off received by the police, alerting them to an unauthorised horse race taking place in the area.
The informant had reportedly warned that the race could degenerate into criminal activity, including phone snatching and possible fatalities.
Acting swiftly on the intelligence, the surveillance team moved to the location to disperse the riders, which led to resistance and a physical altercation.
Eyewitnesses said the scene became tense as officers attempted to arrest some of the horse riders, who in turn protested what they described as heavy-handedness by the police.
Sources said normalcy was later restored, and no fatalities were recorded. However, it remains unclear if any arrests were made.
The Kano State Police Command has yet to issue an official statement on the incident.
Clash erupts between police, horse riders near Bayero University Kano
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Whistleblower recounts ordeal after exposing drug trafficker in Kano

Whistleblower recounts ordeal after exposing drug trafficker in Kano
By: Zagazola Makama
A young whistleblower has come forward with a detailed account of alleged harassment, detention, and intimidation he faced after exposing a suspected drug trafficker, Sulaiman Dan Wawu, in Kano State.
The incident, which began in December 2022, involved multiple arrests, prolonged court appearances, and alleged violations of his fundamental rights, despite his role in alerting the public to the arrest of Dan Wawu with 500 cartons of Tramadol.
The whistleblower, who spoke under anonymity due to safety concerns, said the situation began after he posted news of Dan Wawu’s arrest on TikTok – a post that gained over 41,000 views. The viral post, which followed a similar disclosure by Police Spokesman SP Abdullahi Kiyawa on Facebook, allegedly provoked backlash from the suspect and his associates.
“Though I had no personal connection to Dan Wawu, the day after I posted the video, a man named Abba Abdullahi came to my area in Kwankwaso, claiming to be from the CID. He accused me of buying a stolen phone and insisted I follow him to Farm Center,” the whistleblower said.
“Instead of Farm Center, I was taken to the Rapid Response Team (RRT) cell, where I spent three days. Each day, Dan Wawu, his wife, and another associate, Abdullahi Amdaz, came to see me. I was tortured in their presence. They claimed I had defamed them on TikTok.”
After being taken before a magistrate at the PRP Court under Judge Nura Yusuf Ahmad, the complainant was returned to the CID on remand. He later appeared in court where the formal charge was read: defamation and public misinformation for stating that “Dan Wawu was a drug trafficker” on social media.
The prosecution alleged that over 41,000 people had viewed the TikTok video and that radio stations had also aired the case. The suspect’s wife reportedly gave a media interview accusing the whistleblower of damaging her husband’s reputation.
The judge remanded the whistleblower to prison for five days before he was granted bail under six strict conditions, including the provision of two civil servants of Grade Level 12 or above, endorsement by a ward head, and an undertaking to refrain from using social media or any media platform.
Later, the whistleblower alleged further intimidation. “Abba Abdullahi, who earlier arrested me, called me and my elder brother outside court. He video-called Dan Wawu, who was then in Qatar, and forced me to delete two TikTok accounts with 87,000 and 19,000 followers,” he said.
He claimed three of his SIM cards were seized – the ones linked to his TikTok and email accounts – and was warned against SIM swapping or returning to social media.
Despite this, the trial dragged on for 11 to 13 months. “Even though the court was aware that Dan Wawu had been arrested with drugs, he and his wife never showed up in court,” he said.
One day, he was re-arrested by Abba Abdullahi on the claim that he had violated bail conditions. He was detained at CID for two days before being transferred to prison, where he spent 38 days during Ramadan in 2023, eventually regaining his freedom on the 29th day of fasting.
At the peak of the trial, he was reportedly pressured by the prosecutor, Aliyu Abideen, to swear an oath in court to prove his innocence. He rejected the condition, citing Islamic jurisprudence, which limits such oaths to civil or financial disputes – not criminal cases involving narcotics.
“In Maliki jurisprudence, oaths are only valid in financial matters, not cases involving someone caught with illegal drugs,” he said, quoting a Maliki legal verse.
Eventually, after the prosecution failed to present evidence or secure testimony from Dan Wawu, the case lost momentum. Meanwhile, Dan Wawu, who was arrested and arraigned at the Federal High Court on drug trafficking charges, reportedly fled with his wife and has since been at large.
“Now the entire world, not just 41,000 people, knows he was caught with drugs. His disgrace is from God. He spent nearly 50 days in prison before escaping,” the whistleblower said.
Whistleblower recounts ordeal after exposing drug trafficker in Kano
News
Army, DSS-backed hybrid forces kill 45 bandits in Niger gun battle

Army, DSS-backed hybrid forces kill 45 bandits in Niger gun battle
By: Zagazola Makama
The troops of the Nigerian Army and hybrid forces, with critical intelligence support from the Department of State Services (DSS), have neutralised no fewer than 45 bandits during a fierce gunfight in Iburu village, Shiroro Local Government Area of Niger State, in what appears to be a major success in Nigeria’s ongoing counter-terrorism efforts,
Security sources told Zagazola Makama that the joint operation was launched on Friday evening following intelligence that a large number of terrorists riding on motorcycles were advancing to launch coordinated attacks on Iburu and neighbouring communities.
According to the sources, the DSS intercepted early signals of the planned movement and quickly passed the alert to troops who had been on standby in the general area.
“The terrorists were said to have split into smaller columns, attempting to encircle the village under the cover of dusk, but were ambushed by the troops who engaged them in a sustained firefight that lasted several hours,” one source said.
The troops who returned to the scene after the exchange of gunfire confirmed counting at least 40 dead bodies of the bandits, while dozens of motorcycles used by the attackers were reportedly destroyed.
Two members of the hybrid forces fighting alongside the troops paid the supreme price, while four others were evacuated with serious gunshot wounds and are currently receiving treatment at a public hospital in Minna, the state capital.
Friday’s clash is the latest in a series of counter-offensives launched by security forces to decimate terrorists and secure communities across Niger State, especially in the volatile Shiroro-Munya axis which has become a stronghold for various criminal groups.
In April, the Comptroller General of the Nigeria Customs Service (NCS), Mr Bashir Adeniyi, raised the alarm over escalating terrorist activity around the Babanna border area of Niger State.
Adeniyi had revealed that Customs officers narrowly escaped an ambush by terrorists after intercepting 500 jerrycans of petrol allegedly being smuggled to insurgents operating within the state and across the border.
Friday’s success point to the importance of synergy between intelligence services and ground forces in disrupting terrorist logistics and operational movements across the North Central region.
The proactive engagement by DSS, coupled with swift tactical response by the military, is beginning to shift the operational advantage in favour of state forces.
Army, DSS-backed hybrid forces kill 45 bandits in Niger gun battle
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