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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
What Niamey’s Airport attack means for Niger, West Africa and Sahel
What Niamey’s Airport attack means for Niger, West Africa and Sahel
By: Zagazola Makama
Niamey woke up in the morning of Thursday to disturbing reports of heavy gunfire and explosions around the airport zone an area that hosts Niger’s air force base, the headquarters of the joint Sahel force with Mali and Burkina Faso, and a strategic stockpile of uranium.
For nearly two hours, residents heard detonations, saw flashes in the sky resembling anti-aircraft fire, and reported buildings and vehicles in flames. Calm has since returned, but clarity has not.
At the time of writing, no official statement has fully explained what happened. No group has claimed responsibility. And while authorities insist the situation is under control, the silence leaves space for speculation in a region already on edge.
The location alone makes the event highly sensitive. The Niamey airport zone is not an ordinary district. It is the nerve centre of Niger’s air power and regional military coordination. It also hosts uranium stocks, a strategic resource with both national and international implications.
Any shooting in this area automatically raises three big questions: Was this an external attack, an internal security incident, or a mutiny? Some sources suggest the firing may have come from inside the base, which points to the possibility of an internal breach or unrest. If true, this would indicate deep cracks within Niger’s security architecture.
Was a strategic asset targeted? Even if the uranium was not hit, the fact that fighting occurred near such a site elevates the risk level for Niger and its partners. What does this say about control under the current junta? Since Gen. Abdourahamane Tiani took power, Niger has continued to lose it grip on issues of national security. An incident of this scale in the capital challenges that narrative.
For Nigeria, the situation in Niger is not remote. The two countries share a long, porous border, strong trade ties, and deep security interdependence. If Niger’s capital can experience hours of unexplained gunfire around its most sensitive installations, then cross-border insecurity risks increase. Any weakening of control in Niamey could embolden armed groups across the Sahel, including those operating near Nigeria’s northern frontier.
The Sahel’s security architecture looks more fragile. Niger, Mali and Burkina Faso have positioned themselves as a new security bloc after breaking with ECOWAS. Incidents like this brings to the fore about how cohesive and effective that bloc really is. Strategic resources become geopolitical flashpoints. Uranium is not just a Nigerien issue; it has global implications. Any instability around such assets invites international concern and possible pressure.
There is no confirmed evidence yet of a foreign attack, a coup attempt, or a direct operation against uranium. So panic would be premature.
But silence is just as dangerous. In security matters, the absence of clear communication feeds rumours, conspiracy theories and political manipulation. In the Sahel’s volatile environment, that can quickly become destabilising.
What Niamey’s Airport attack means for Niger, West Africa and Sahel
News
Mysterious attack rocks Niger Air Base in Niamey, raises fears of mutiny
Mysterious attack rocks Niger Air Base in Niamey, raises fears of mutiny
By: Zagazola Makama
A major security breach has hit Niger’s capital, Niamey, following a midnight attack on Air Base 101, damaging key military assets and deepening concerns about instability under the junta led by Gen. Abdourahamane Tchiani.
Multiple security sources said explosions were heard around 12:00 a.m. on Wednesday at the strategic air base located near the Diori Hamani International Airport.
The attack reportedly destroyed or disabled several aerial assets, including drones and fixed-wing aircraft, and severely damaged the Unified Force Command Centre.
Four civilian aircraft on the tarmac, including one operated by ASKY Airlines, were also affected, though no passengers were onboard at the time.
Sources said two trucks transporting uranium materials within the base perimeter were hit, but their cargo remained intact, averting a potentially larger disaster.
There were confirmed casualties, with ambulances seen moving in and out of the base area through the night. Some of the attackers were reportedly killed, while others were arrested and taken into custody by Niger’s intelligence services.
However, the identity of those behind the assault remains unclear.
While early speculation pointed to jihadist involvement, no armed group has claimed responsibility. Other security sources told Zagazola that the operation appeared to have been launched from inside the air base, suggesting a possible mutiny rather than an external terrorist strike.
“The pattern of the attack and access to sensitive areas strongly indicate insider involvement,” one regional security analyst said.
The incident has intensified fears that Gen. Tchiani is losing control over key institutions, especially the military, raising serious implications for Niger’s stability and for neighbouring countries, including Nigeria.
Niger plays a critical role in regional security in the Sahel, and any further breakdown of command and control could create new risks for border states already battling terrorism and banditry.
As of the time of filing this report, Niger’s authorities had yet to issue an official statement on the incident.
Mysterious attack rocks Niger Air Base in Niamey, raises fears of mutiny
News
Alleged terrorism: Rescued victims filed complaints against Tukur Mamu- DSS Witness
Alleged terrorism: Rescued victims filed complaints against Tukur Mamu- DSS Witness
A Department of State Services (DSS)’ investigator, on Thursday, told the Federal High Court in Abuja that many of the rescued victims of the 2022 Abuja-Kaduna bound train attack lodged complaints in their office against alleged terrorist negotiator, Tukur Mamu.
The DSS operative, who testified as 6th prosecution witness (PW-6) in the ongoing terrorism trial of Mamu, made the disclosure to Justice Mohammed Umar while being cross-examined by the defence counsel, Johnson Usman, SAN.
The lawyer had asked the witness, who gave his testimony behind a witness screen for security reasons, “to confirm to court if any of the rescue victims, including the wife of the Commandant in Jaji, made any complaint against the defendant to the DSS.”
Responding, the witness said: “Yes, my lord.”
When Usman further asked the witness if the complaint by the rescued victims was either in writing or oral, he said it was in writing.
The DSS’ lawyer, David Kaswe, however, prayed the court to restrain Usman from delving into questions that might touch on the identity of victims or witnesses in the case since the court had granted protection to all.
Responding, Usman told the court that none of the names he called was a witness before the court.
“Even though my lord has granted an order for trial in camera, a trial in camera is not to prejudice the defendant,” he said.
The witness said he interviewed six victims in the course of the investigation.
When he was asked if the six victims were interviewed in the presence of Mamu, the PW-6 responded in the negative.
The witness told the court that he was not a vocologist, having not studied sound in higher institution.
He, however, confirmed that the audio exhibit tendered by the prosecution was the extract of the transcribed audio between Mamu and the terrorists.
When he was asked if he interviewed a former Chief of Defence Staff, General Lucky Irabor (retd.), he said the army chief was not interviewed.
The witness, however, admitted that General Abdulkadir Abubakar was interviewed in the course of investigation.
“When you interviewed him, was it in the presence of the defendant?” the lawyer asked and he said: “No my lord.”
“Did you interview Sheikh Gumi?” Usman asked and the witness responded in the affirmative.
“Was it in the presence of the defendant?” Usman asked.
“No my lord,” the witness responded.
“Did you interview Major General Idris Garba?”
“No my lord,” the PW-6 said.
“Did you interview General Jalingo?” the lawyer asked, and he said: “Yes, my lord.”
The witness said General Jalingo was not interviewed in Mamu’s presence.
“Finally, did you interviewed Hannafi of Defence Military Intelligence,” the lawyer asked and the witness responded in the negative.
“Confirm to court, whether at any time in the course of your investigation, you brought members of the Chief of Defence Staff (CDS) Committee for interview in the presence of the defendant,” Usman asked and the witness responded in the negative.
“Please confirm whether you are aware that the defendant has requested that you brought members of the CDS Committee face to face with him for interview,” the lawyer asked and the witness said: “Yes, he did.”
“Confirm whether the request of the defendant to have the CDS and others involved gathered together for interrogation was granted,” Usman asked, and the witness said:”No, my lord.”
When Usman asked the witness to confirm that Mamu told him that he is a publisher of a newspaper and magazine, the witness said: “Yes, he said so.”
When the lawyer asked the witness to confirm that Mamu told him his means of income was derived from his journalism business, the PW-6 said: “Yes, he claimed “
“As investigator, did you investigate this claim,” the lawyer asked.
“Yes, we did,” he responded.
After the cross-examination, Kaswe told the court the prosecution’s intention to close its case.
“So that we can allow the defendant to enter his defence if they are ready,” he said.
But Usman told the court that they would rather apply for a date to open their defence, .
“We will not file a no-case submission so that the world can see it and God can see it all,” he said.
Justice Umar adjourned the matter until April 23 for Mamu to open his defence.
Alleged terrorism: Rescued victims filed complaints against Tukur Mamu- DSS Witness
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