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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
News
ECOWAS Leaders Warn Democracy Must Deliver and Peace Must Be Built as West Africa Faces Rising Instability
ECOWAS Leaders Warn Democracy Must Deliver and Peace Must Be Built as West Africa Faces Rising Instability
By: Michael Mike
West African leaders have issued a joint warning that democracy in the region is under growing strain and must begin to produce visible results for citizens, while also stressing that peace cannot be imposed but must be deliberately built through dialogue and cooperation.
The concerns were raised at the opening of the 2026 First Ordinary Session of the ECOWAS Parliament held on Monday in Abuja, where regional lawmakers gathered amid rising insecurity, democratic reversals, and increasing public dissatisfaction across parts of West Africa.
Speaker of Nigeria’s House of Representatives, Tajudeen Abbas, warned that the survival of democratic governance in the sub-region now depends on its ability to deliver tangible outcomes in security, economic stability, and public welfare.
He said while citizens across West Africa continue to reject military rule, their patience with democratic systems is weakening due to poor governance outcomes and rising socio-economic hardship.
Abbas noted that declining voter trust, weak institutions, and recurring unconstitutional changes of government reflect deeper structural problems that democratic systems must urgently address.
“The issue is not whether democracy remains the preferred system, but whether it is delivering sufficiently to sustain that preference,” he said, warning that governance failures could further expand the space for instability.
The Nigerian Speaker also pushed for a stronger and more empowered ECOWAS Parliament, arguing that its current advisory status limits its ability to respond effectively to regional crises.
He renewed calls for reforms including enhanced legislative authority, stronger oversight powers, and improved enforcement mechanisms for regional agreements.
According to him, previous proposals to strengthen the Parliament have yet to be fully implemented, but the present instability across the region makes such reforms more urgent.
“A Parliament with limited influence cannot adequately respond to democratic reversals, security pressures, and economic uncertainty,” Abbas said.
Abbas also defended Nigeria’s recent economic reforms, including fuel subsidy removal and exchange rate unification, describing them as difficult but necessary decisions taken within a democratic framework.
He said early results show increased fiscal inflows to subnational governments and improved capacity for infrastructure and social investment, while acknowledging that challenges persist.
He argued that Nigeria’s experience demonstrates that even tough reforms can be implemented without resorting to military intervention, warning against a growing tendency toward unconstitutional power shifts in parts of the region.
In a separate address, the Speaker of the ECOWAS Parliament, Hadja Mémounatou Ibrahima, stressed that peace in West Africa cannot be declared or imposed by authority, but must be carefully built over time.
She said the region is facing a period of heightened geopolitical uncertainty, adding that “no region is immune” to the global spread of instability and conflict.
“The message must be clear: peace cannot be decreed — it must be patiently built through dialogue, cooperation, and mutual respect,” she said, urging member states to deepen collaboration in addressing shared challenges.
Ibrahima also highlighted ongoing reforms within the regional bloc, noting that ECOWAS is undergoing a strategic reassessment of its future direction.
She announced that the upcoming ECOWAS Future Summit scheduled for 21 May in Lomé, Togo, will focus on accelerating the implementation of ECOWAS Vision 2050.
The summit is expected to explore how regional integration can be strengthened and adapted to emerging political, economic, and security realities across West Africa.
Both leaders, though speaking separately, converged on a central message: that West Africa is at a critical turning point where democratic legitimacy must be reinforced by effective governance, and peace must be actively constructed through cooperation rather than assumed.
They warned that without stronger institutions, improved governance delivery, and deeper regional collaboration, the region risks further democratic setbacks and prolonged instability.
The session continues as ECOWAS lawmakers deliberate on strategies to strengthen democratic resilience and regional integration amid mounting challenges across West Africa.
ECOWAS Leaders Warn Democracy Must Deliver and Peace Must Be Built as West Africa Faces Rising Instability
Troops Arrest Suspected Terrorist Informant in Borno
By Zagazola Makama
Troops of the Nigerian Army have arrested a suspected informant linked to ISWAP/JAS terrorist groups in Ngamdu, Kaga Local Government Area of Borno State.
Security sources said the suspect was apprehended at about 6:00 p.m. on May 3 by troops of 154 Battalion at Ngamdu market following sustained surveillance.
The sources disclosed that the suspect had been on a security watchlist prior to his arrest.
According to the sources, items recovered from him include a mobile phone, the sum of ₦1,150, and other sundry materials.
They added that the suspect is currently in military custody and undergoing interrogation.
The sources noted that further investigations are ongoing to establish his role and possible links within terrorist networks operating in the area.
Troops Arrest Suspected Terrorist Informant in Borno
Troops Conduct Offensive Operation in Gwoza, Destroy Suspected Terrorist Structures
By Zagazola Makama
Troops of the Nigerian Army have conducted an offensive operation in Gwoza Local Government Area of Borno State, targeting suspected terrorist hideouts and support structures.
Security sources said the operation was carried out at about 9:20 a.m. on May 1 by troops of 153 Task Force Battalion, operating alongside volunteer forces and hybrid troops deployed at Kirawa.
The sources disclosed that the joint team advanced to Gakara high ground and Ndova village during the operation.
According to the sources, no direct contact was made with terrorist elements during the mission.
They added, however, that troops destroyed several suspected terrorist logistics and life-support structures identified within the general area.
The sources noted that the operation is part of ongoing clearance efforts aimed at denying insurgents freedom of movement and operational bases within the Gwoza axis.
Troops Conduct Offensive Operation in Gwoza, Destroy Suspected Terrorist Structures
Nigeria Moves to Transform Career Guidance System as Ministries, UNESCO, GIZ Push New National Policy Framework
ECOWAS Leaders Warn Democracy Must Deliver and Peace Must Be Built as West Africa Faces Rising Instability
Troops Arrest Suspected Terrorist Informant in Borno
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