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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
Troops arrest suspected gun-runner in Taraba, recover weapons and ammunition
Troops arrest suspected gun-runner in Taraba, recover weapons and ammunition
By: Zagazola Makama
Troops deployed at Ibi and the Forward Operating Base (FOB) Wukari have arrested a suspected gun-runner and recovered weapons, ammunition, and other items during an intelligence-led operation in Taraba State.
Security sources disclosed that the troops acted on credible intelligence about a suspicious Peugeot vehicle heading toward the Ibi waterside area. The troops swiftly mobilised to intercept the vehicle and apprehended the suspect.

The suspect, identified as Abubakar Ibrahim, 48, from Barkin-Ladi Local Government Area of Plateau State, was arrested during the operation.
Items recovered from him include six locally fabricated weapons bearing various registration numbers, two rounds of 7.62mm special ammunition, one Peugeot 504 vehicle, a Q Seven mobile phone, seven bottles of perfume with rubbers, seven charms, one mentholatum rub, two small containers of Vaseline, and the sum of N1,400 in cash.
Military sources said the suspect and the recovered items are currently in custody and will be transferred to the Brigade Headquarters for further investigation.
The sources added that the general security situation within the Area of Responsibility remains calm but highly unpredictable, noting that troops’ morale and fighting efficiency remain satisfactory.
The arrest is part of ongoing efforts by security forces to curb the proliferation of illegal arms and criminal activities in Taraba and adjoining areas.
Troops arrest suspected gun-runner in Taraba, recover weapons and ammunition
News
ISWAP kills professor in targeted abduction on Maiduguri-Damboa highway
ISWAP kills professor in targeted abduction on Maiduguri-Damboa highway
By: Zagazola Makama
ISWAP terrorists have reportedly killed Professor Abubakar Mohammed el-Jumma of the Nigerian Army University Biu following a targeted abduction along the Maiduguri-Damboa highway on March 25, 2025.
Sources told Zagazola Makama that the attackers, described as light-skinned foreigners, specifically targeted Professor el-Jumma, suggesting the abduction was premeditated. The perpetrators were reportedly in possession of his photograph before carrying out the attack, confirming that the operation was deliberate and planned.
Authorities have confirmed that no ransom demands were made and attempts to negotiate his release were unsuccessful. ISWAP later informed the family of Professor el-Jumma’s death and that his burial had been carried out within their enclave.
The incident demonstrates ISWAP’s growing capability to exploit local vulnerabilities with the support of spies and sympathizers.
The group’s targeting of high-profile individuals, including academics and community leaders, reflects a shift towards calculated kidnappings designed to spread fear and disrupt governance and education in the North East.
No official statement has yet been issued by Nigerian Army University Biu authorities regarding the incident.
ISWAP kills professor in targeted abduction on Maiduguri-Damboa highway
News
Bayelsa East Leaders, Elders, Women, Youths To Protest Over Marginalization In Sen Douye Diri Administration
Bayelsa East Leaders, Elders, Women, Youths To Protest Over Marginalization In Sen Douye Diri Administration
Leaders, stakeholders, women and youths in Bayelsa East Senatorial District has perfected preparations to stage a peaceful protest against Bayelsa State Governor, Senator Douye Diri over marginalization and neglect in political appointments in the government since inception.
The people of the east also deserves sensitive offices in the government for their resolute support for the government since inception, but they have been marginalized. The office of the deputy governor from the east will balance the political structure.
Marginalization of the east people in sensitive government appointments is an outright disrespect to the former President, Dr. Goodluck Ebele Jonathan, King Alfred Diette-Spiff, Gen. Melford Okilo, and other leaders from the east senatorial district.
Even though the speaker of the state house of assembly is not considered, there are other competent individuals eminently qualified to handle the office of the deputy governor for the remaining years of the government.
The governor should consult former president, and other leaders from the east to chose a deputy governor from either Ogbia, Nembe or Brass.
The eastern region planned peaceful protest is a furtherance expression of dissatisfaction in accordance and solidarity with the group, the Bayelsa State Chapter of the All Progressives Congress Grassroot Movement (BSAGM) condemnation of Governor Diri administration over marginalization of appointments.
According to the eastern people, the governor has consciously and deliberately marginalized the east in sensitive political appointments in the government, pointing out that all the top offices in the government are handled by his relatives from Kolokuma-Opokuma and Sagbama.
For instance; all government house appointments are handled by his relatives, the chief of staff, deputy chief of staff, Director of Domestic, Director of Transport, including S.A Political, and other sensitive appointments in the government.
Governor Douye Diri has deliberately neglected and marginalized the east, we will exercise our constitutional right of a peaceful protest to express our dissatisfaction to the world.
Since the creation of Bayelsa State, successive administrations had maintained political conglomeration across the three senatorial district in the state, but Diri administration had neglected the east from inception.
The east is only been marginalized, and neglected in Diri administration. Alamieyeseigha, Jonathan, Sylva, and Dickson carried out fair, equal appointments, infrastructure across the state, in their administrations.
Successive governments since 1999, had fairly and transparently distributed political appointments across the senatorial district, but the contrary is Diri’s administration.
It is absolutely unfortunate that the east had been undermined by Diri, running a one-sided government of Kolokuma-Opokuma, and the whole state is watching the government.
In exercise of constitutional right of a peaceful protest, the east will carry out a peaceful protest to government house next week to publicly express their dissatisfaction to the world over the undemocratic marginalization of appointments in Diri administration.
Signed:
Chief Samuel Azibator – Ogbia
High Chief Nengi Sylvanus -Nembe
Chief Williams Naworio – Brass
Bayelsa East Leaders, Elders, Women, Youths To Protest Over Marginalization In Sen Douye Diri Administration
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