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ECOWAS Court Gives Judgment on Press Council Inconsistency with Human Rights Law

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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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Troops rescue 13 abducted Benue Links passengers, including students en route to sit for JAMB

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Troops rescue 13 abducted Benue Links passengers, including students en route to sit for JAMB

By: Zagazola Makama

Troops of Operation Whirl Stroke (OPWS) have rescued 13 passengers abducted from a Benue Links commercial bus along the Makurdi–Otukpo road.

Zagazola report that the victims were among 17 passengers kidnapped on April 15 while travelling from Makurdi to Otukpo in Benue State. Three of the victims had earlier escaped from captivity, bringing the total number of those now safe to 16.

According to security sources, the rescue was achieved at about 190320A April 19 during a sustained search-and-rescue operation conducted by troops of Sub-Sector 1B, OPWS, in Ohimini Local Government Area.

The victims were located and rescued in a forested area around Okete Ward, behind the Idoma Doctors Forum building, following intensive tracking and exploitation of intelligence on the kidnappers’ movement.

Security sources further clarified that the perpetrators were local criminal elements in Benue and not Fulani bandits as initially speculated in some quarters. The attack was however, hastily attributed to external groups without proper verification.

“The operation was carried out professionally, leading to the safe recovery of 13 victims. Preliminary findings indicate that the perpetrators are criminal elements from within the state and not external armed groups as widely speculated,” the source said.

Those rescued include Hycent Oko (56), Elaiguli Joshua (25), Orili Raphael (29), Sunday Augustine (18), Emmanuel Elaicha (21), Gbile Nguyor Daniel (18), Ukacha Tersoo (18), Nyikwagh Aoridakator (22), Iornav Ngukuhan (18), Nyikwagh Benjamin (18), Buker Agatha (19), Paul Wende (29) and Akor Jessica (19).

The victims were immediately evacuated to the General Hospital in Otukpo, where they are currently receiving medical attention. Some of them sustained varying degrees of injuries during their captivity.

Further checks revealed that eight of the rescued passengers were students en route to sit for the Joint Admissions and Matriculation Board (JAMB) examinations at the time they were abducted, a development that underscores the disruptive impact of criminal activities on education and civil life.

The incident illustrated a growing trend of internally driven criminality, where local elements exploit familiar terrain and community networks to carry out abductions.

“This case clearly shows that not all security incidents should be viewed through ethnic or external lenses. Addressing insecurity requires acknowledging the role of local criminal networks and strengthening community cooperation with security agencies,” the source added.

Troops have since intensified operations in the general area to track down the perpetrators and rescue the remaining victim still in captivity.

Military high command reiterated their commitment to sustaining pressure on criminal elements across Benue and adjoining states, while urging residents to provide credible information that could aid ongoing operations.

They also reassured commuters and residents of continued efforts to secure major routes and restore confidence in public transportation across the state.

Troops rescue 13 abducted Benue Links passengers, including students en route to sit for JAMB

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Hamza Suleiman NAN: Troops recover ammunition during patrol in Borno

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Hamza Suleiman NAN: Troops recover ammunition during patrol in Borno

By: Zagazola Makama

Troops of Operation Hadin Kai have recovered a cache of ammunition during a fighting patrol in Mallam Fatori, Abadam Local Government Area of Borno State.

Security sources said the operation was conducted at about 7:30 a.m. on April 18 by troops of 68 Battalion deployed in the area.

The patrol was carried out ahead of the troops’ defensive location toward a suspected withdrawal route used by insurgents following an earlier attack on March 18.

During the operation, troops recovered 166 rounds of PKT linked ammunition and one bandolier.

No contact was made with any terrorist elements during the patrol.

They added that the general security situation across the theatre remains calm but unpredictable, while troops continue to maintain high morale and operational effectiveness.

Hamza Suleiman NAN: Troops recover ammunition during patrol in Borno

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NDLEA Busts Drug Rings, Intercepts Cocaine Hidden in Food Flasks, Arrests Fashion Designer, Others

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NDLEA Busts Drug Rings, Intercepts Cocaine Hidden in Food Flasks, Arrests Fashion Designer, Others

By: Michael Mike

Operatives of the National Drug Law Enforcement Agency (NDLEA) have intensified their crackdown on drug trafficking networks, intercepting cocaine ingeniously concealed in food flasks and cannabis hidden in snack packs, while arresting multiple suspects including a Lagos-based fashion designer.

The agency in a statement on Sunday by its spokesman, Femi Babafemi, said 12 large parcels of cocaine weighing 2.8 kilogrammes were uncovered at the export shed of the Murtala Muhammed International Airport (MMIA), Lagos.

Babafemi said the illicit consignment, bound for the United Kingdom via a Virgin Atlantic flight, was discovered in the false bottoms of food flasks on April 9.

He disclosed that two cargo agents—Ama Ufeim, 33, and Ogabi Akorede, 39—were arrested at the point of interception, with subsequent investigations leading to the arrest of the alleged sender, 52-year-old freight forwarder Agoro Moninuola.

In a related operation a day earlier, NDLEA operatives at the airport’s import shed intercepted 2.9 kilogrammes of “Loud,” a potent strain of cannabis, concealed in snack packs arriving from the United States aboard a Delta Air Lines flight.

He noted that initial arrests of cargo clearing agents Animashaun Adetunji and Mercy Oluwasegun paved the way for the apprehension of the consignee, Saheed Adegoke, a 29-year-old fashion designer, who was later tracked and arrested in Ogba, Lagos.

Beyond the airports, NDLEA operations extended across several states with significant seizures recorded. Along the Kaduna-Zaria highway, operatives intercepted a cement-laden trailer transporting 847 kilogrammes of skunk. The driver, Umar Garba Haruna, was taken into custody.

In Cross River State, a joint operation involving NDLEA officers and security personnel led to the destruction of 15,000 kilogrammes of cannabis cultivated on six hectares of farmland in Uwet community, Akamkpa Local Government Area. A suspect, Alice Udoh, 53, was arrested, while 119 kilogrammes of the substance was recovered.

Similarly, in Edo State, operatives raided a cannabis camp in Ovia North East Local Government Area, destroying over 2,281 kilogrammes of the drug and arresting three suspects. Additional arrests were made in Delta State, where over 87 kilogrammes of skunk and cannabis seeds were seized.

In Lagos, NDLEA officers intercepted a shipment of 11,900 tramadol capsules and 400 ampoules of phenobarbital injections along the Mile 2–Badagry expressway, with the consignment reportedly destined for Ghana. A separate raid on a two-storey building in Lagos Island yielded 95.8 kilogrammes of skunk.

Meanwhile, the agency sustained its War Against Drug Abuse (WADA) campaign nationwide, conducting sensitization programmes in schools, religious centres, and communities across states including Niger, Cross River, Kogi, Katsina, Kano, and Lagos.

Commending the operatives, NDLEA Chairman, Brig. Gen. Buba Marwa (Rtd), praised the balance between aggressive enforcement and preventive education, urging officers to maintain the current momentum in the fight against drug trafficking and abuse.

NDLEA Busts Drug Rings, Intercepts Cocaine Hidden in Food Flasks, Arrests Fashion Designer, Others

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