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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 score major victory against terrorists in Kadam Forest, Sokoto

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Troops score major victory against terrorists in Kadam Forest, Sokoto

By: Zagazola Makama

Troops of the Chief of Army Staff (COAS) Special Intervention Battalion 7, in collaboration with the 8 Division Strike Team under the Joint Task Force North West Operation FANSAN YAMMA, have recorded a significant operational success following a decisive engagement with a notorious terrorist network in Kadam Forest, Tangaza Local Government Area, Sokoto State.

Zagazola report that the operation was launched after credible intelligence revealed that over 100 terrorists, linked to the Lakurawa extremist group, had gathered deep within Kadam Forest to plan attacks on local communities and transport kidnapped victims to their hideouts.

Acting on the intelligence, troops swiftly mobilised to intercept the terrorist movement, establishing contact at approximately 1200 hours.

The ensuing firefight was intense and sustained, with the terrorists attempting a rear-flanking manoeuvre. Troops responded decisively with superior firepower, maintaining tactical dominance and effectively neutralising the immediate threat.

Exploitation operations into the forest confirmed the neutralisation of three terrorists, while several others were believed to have sustained gunshot injuries during their escape.

Security forces recovered one PKT machine gun, two AK-47 rifles, 350 rounds of PKT ammunition, 111 rounds of 7.62 special ammunition, three magazines, two radios, three motorcycles, and a mobile phone. Follow-up operations are ongoing to ascertain additional enemy casualties and recover further arms and equipment.

The Force Commander of Operation FANSAN YAMMA praised the troops’ professionalism and high morale, describing the engagement as a testament to the effectiveness of intelligence-driven, joint security operations in degrading terrorist networks and disrupting their operational capabilities.

He emphasised that aggressive patrols and sustained operations would continue across the general area to prevent fleeing terrorists from regrouping and launching further attacks on communities and transport routes.

“The commitment and courage of our troops remain unwavering. Operations like this demonstrate that the security of citizens is our priority, and we will continue to disrupt and dismantle terrorist networks wherever they operate,” the commander said.

The operation has reinforced confidence among residents of Tangaza and surrounding areas, highlighting the Nigerian Army’s resolve to ensure safety and stability across Sokoto State.

Troops score major victory against terrorists in Kadam Forest, Sokoto

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NEDC finance director takes development to improve living conditions of people in Yobe

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NEDC finance director takes development to improve living conditions of people in Yobe.

By: Yahaya Wakili

The Director of Finance and Admin. of the North East Development Commission (NEDC), Dr. Abubakar Garba Illiya, PhD, FMNG, has made numerous achievements in providing infrastructure facilities to improve the living conditions for the people of Yobe State since he was appointed to that position

The developmental projects provided by Dr. Garba Illiya include the construction and rehabilitation of schools, primary healthcare centers, and water supply in both rural and urban areas with a view to improving the livelihoods of the people of Yobe State.

Dr. Abubakar Garba Illiya, PhD, FMNG, also constructed and rehabilitated numerous rural roads in some local government areas across the state to facilitate the movement of goods and services.

However, Dr. Illiya also accords the same commitment to the schools by procurement of instructional materials as well as construction and rehabilitation of schools destroyed by Boko Haram insurgency across the northeast region.

“Dr. Illiya’s intervention, the NEDC, has contributed tremendously to increasing food sufficiency and food security in Yobe State and the North East by procuring farm inputs and implements as well as providing enough fertilizers and tractors to farmers.

He also assisted youths and women with the capital for business with empowerment initiated for self-employment and also distributed foodstuffs and other humanitarian assistance to Internal Displaced Persons (IDPs) affected by the Boko Haram insurgency in the region.

Dr. Abubakar Garba Illiya further sent youths for training in different categories, like training in phone repairs, welding, tailoring, carpentry, and others, to be self-reliant and assisted them with take-off funds for capital businesses.

He made all these achievements with a view to improving the lives of the peoples of Yobe State and the northeast region after recovery from the Boko Haram insurgency destruction.

NEDC finance director takes development to improve living conditions of people in Yobe

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Police neutralise three bandits in Benue , rescue senator after attack on convoy

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Police neutralise three bandits in Benue , rescue senator after attack on convoy

By: Zagazola Makama

The Police in Benue says have neutralised three suspected bandits during a gun battle following the killing of a 67-year-old man in Katsina-Ala Local Government Area of the state.

Security sources said the incident occurred on March 7 at about 7:30 p.m., when armed bandits loyal to a local kingpin identified as “Chen” had abducted one Zaki Sughter Agenbeer, 67, from his residence in Une Tongov community.

The attackers reportedly took the victim into the bush and killed him after accusing him of providing information about their activities to security agencies.

The DPO Katsina-Ala, in collaboration with the DPO Ukum, subsequently mobilised patrol teams and tactical units to the area. Police operatives later engaged the bandits in a gun duel during which three of the suspects were neutralised.

The corpse of the slain victim was recovered and deposited at the Zaki Ibiam Hospital mortuary, while security operatives have commenced a combing operation in nearby bushes to track down other fleeing suspects.

Meanwhile, the police also confirmed an attack on the convoy of Sen. Udende Emmanuel, representing Benue North-East Senatorial District, during a visit to Tsua town in Vandekiya Local Government Area for a church service.

Sources said some youths from Vandekiya allegedly attacked the senator’s convoy and damaged one of the vehicles.

The Divisional Police Officer in Vandekiya quickly mobilised to the scene and successfully rescued the senator from the situation.

In a related development, some youths also disrupted a thanksgiving service at Tsemke Church in Vandekiya, destroying plastic chairs before police intervened.

Police authorities said the swift deployment of operatives helped to de-escalate the tension and restore normalcy in the area.

Additional patrol and tactical teams have been deployed to Vandekiya to ensure law and order and facilitate the arrest of those responsible for the disturbances.

The State Criminal Investigation Department (SCID) has commenced investigations into both incidents.

Police said the general security situation across Benue State remains relatively calm, while security agencies continue monitoring developments.

Police neutralise three bandits in Benue , rescue senator after attack on convoy

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