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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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Benin coup plotter Pascal Tigri traced to Niger, as accusing fingers pointed at President Tchiani

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Benin coup plotter Pascal Tigri traced to Niger, as accusing fingers pointed at President Tchiani

By Hamza Suleiman

Pascal Tigri, the lieutenant-colonel at the center of the recent foiled coup in Benin, has reportedly been located in a ministerial residence in Niamey, Niger, in close proximity to the presidential palace and the Directorate-General of Documentation and External Security (DGDSE), multiple regional sources have confirmed.

Tigri is believed to have been in the villa since December 12, following a carefully orchestrated escape route that spanned several West African capitals.

Sources indicate that after the failed coup attempt in Cotonou on December 7, Tigri fled to Lomé, Togo, before boarding a private Beechcraft 100 D aircraft to Ouagadougou, Burkina Faso, on December 12. The aircraft, operated by Liza Transport International (LTI) Aviation, a subsidiary of the Burkinabè company Ebomaf owned by businessman Mahamadou Boukoungou, subsequently transferred Tigri to Niamey the same evening.

Regional intelligence suggests that Ouagadougou may have functioned as a “command and control hub” for the attempted coup, in alleged coordination with elements in Niger. Investigators in Benin have also raised concerns about the movements of other mutinous soldiers who reportedly fled Lomé on December 16 aboard the same LTI aircraft.

According to sources, the flight transponder was deactivated while crossing Bénin airspace, and verification with the National Civil Aviation Agency indicated the flight may have been cleared with a falsified authorization. These developments have intensified suspicion of external interference and potential complicity by regional actors.

Tensions between Bénin and Niger have escalated in recent weeks. President Abdourahamane Tiani of Niger has previously accused Bénin of harbouring groups engaged in terrorism, allegedly with external support. The failed coup, alongside unusual troop movements observed near the Bénin-Niger border on December 6, has further strained relations.

Notably, intelligence indicates that two units of the Nigerien Armed Forces were deployed to Gaya, Niger, two days before the coup, under orders from the Chief of Army Staff, General Mamane Sani Kiao. The units, dispatched from Maradi, were positioned near the Niger-Benin border, prompting questions about their intended mission, whether to escort sensitive convoys or monitor the activities of Tigri and his collaborators. After the coup’s failure, the Nigerien troops withdrew.

Sources close to the investigation reveal a pattern of discreet meetings, financial support, and communications linking Tigri and his affiliates with Nigerien intermediaries believed to be aligned with Nigerien authorities loyal to the transition government of General Abdourahamane Tiani. These contacts reportedly extended to operational planning and intelligence sharing, further complicating the regional security environment.

The presence of Tigri in Niamey, reportedly in a villa housing senior government officials including the Prime Minister and foreign advisors, mirrors the high-risk nature of his concealment. Reports indicate that Bala Arabé, head of Niger’s DGDSE, recently moved into a nearby city villa, further reinforcing suspicions of possible protection or surveillance by state actors.

In Bénin, authorities continue to pursue multiple leads, including tracing financial flows, and other classified intelligence. Video messages circulated by activist Kemi Seba in the immediate aftermath of the attempted coup suggest that some actors were forewarned, leading to an international warrant for Tigri and other suspected collaborators.

Nigeria, through intelligence sharing and diplomatic engagement, has played a stabilising role, working closely with Bénin authorities to monitor the crisis and prevent escalation. The swift and strategic deployment of Air and ground troops along the border played a pivotal role in limiting the potential fallout of the coup. Again, the deployment and surveillance along Gaya further prevented an escalation into a broader regional crisis. Nigeria’s proactive involvement exemplifies its commitment to safeguarding democratic governance and regional stability in West Africa.

The episode has drawn attention to vulnerabilities in border security, aviation oversight, and intelligence coordination in the sub-region. The intricate escape route, alleged cross-border support networks, and the covert operations surrounding Tigri signals the continuing challenges in preventing the spread of political instability as well as insecurity.

The presence of Tigri in Niamey, coupled with previous intelligence intercepts, continues to fuel speculation regarding Niger’s role, direct or indirect. The incident also exposed vulnerabilities in private aviation oversight and cross-border security, which called for the need for tighter controls to prevent the movement of rogue actors.

Meanwhile, sources confirmed that Bénin continues to pursue investigations into the escape of Tigri and other mutineers, with international warrants reportedly issued against key figures implicated in the attempted coup. For now, Tigri’s presence in Niamey continues to be a focal point of diplomatic and intelligence scrutiny in West Africa.

Nigerien authorities have not issued official statements regarding the presence of Tigri on their territory.

Benin coup plotter Pascal Tigri traced to Niger, as accusing fingers pointed at President Tchiani

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13 Nigerien security forces killed by terrorists in Goubey attack, several injured

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13 Nigerien security forces killed by terrorists in Goubey attack, several injured

By: Zagazola Makama

At least 13 members of the Nigerien security forces were killed in an attack by suspected armed militants on 17 December 2025 in Goubey, located about ten kilometres from Dioundiou in the Dosso region, sources confirmed.

Zagazola learnt that the victims include three police officers, one National Guard attached to the joint departmental and border patrol of Dioundiou, and nine members of the Nigerien Armed Forces (FAN) from the Karakara-based Damissa operation.

One officer from Damissa sustained serious injuries.

In addition, two vehicles were destroyed in the attack, including one belonging to the departmental patrol and another from the Damissa unit.

Security forces have reportedly launched follow-up operations to track the assailants and secure the area.

No group has claimed responsibility for the attack.

13 Nigerien security forces killed by terrorists in Goubey attack, several injured

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Woman found dead in Maitama residence, FCT

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Woman found dead in Maitama residence, FCT

By Zagazola Makama

A woman has been found dead in her residence at Federal Housing Authority (FHA) Maitama, Abuja

Sources said that Hajiya Fanna Mohd Abare, who had been unresponsive for about two days, was discovered in a decomposed state by her sister, Hajiya Aisha Mongo, on December 17 at about 1700 hours.

The door to the room had been locked, and it was forced open before the body was found.

Police detectives were dispatched to the scene. Due to the advanced state of decomposition and to prevent potential public health hazards, the Abuja Environmental Health Department was contacted, and the body was subsequently evacuated for burial at Gudu Cemetery.

Police sources said “No foul play is suspected in the incident”.

The sources said that investigations are ongoing to officially determine the cause of death.

Woman found dead in Maitama residence, FCT

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