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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
Yobe: Buni urges journalists to uphold professionalism
By: Yahaya Wakili
Governor Mai Mala Buni of Yobe State has appealed to media practitioners in the state to continue to uphold professionalism while discharging their responsibilities.
He urges the journalists to abide by the ethics of the profession, remain united, and promote peace and harmony among themselves.
The governor made the appeal today while receiving the newly elected leadership of the Nigeria Union of Journalists (NUJ) Correspondents Chapel, led by its elected chairman, Mr. Nabilu Balarabe of the News Agency of Nigeria (NAN), at the Government House, Damaturu.
Ably represented by his deputy, Hon. Idi Barde Gubana (Wazirin Fune), he commends journalists in the state for their synergy and collaboration with the state government in projecting a positive image of the state.
Governor Buni commended the journalists for their professionalism and constructive engagement, acknowledging the critical role the media plays in democratic governance and national development.
He pledged the state government’s continued support and collaboration with the correspondents’ chapel to ensure the success of the present administration, particularly in promoting government policies, programs, and achievements.
Earlier, the newly elected chairman, Mr. Nabilu Balarabe, said the visit was to pay homage and formally present the new leadership of the chapel to the governor.
He said recently the chapel conducted an election of the leadership of the chapel, in which Nabilu Balarabe of the News Agency of Nigeria (NAN) emerged as chairman and Mr. Musa Buba Mingi of Channels Television as vice chairman.
Others include Malam Habibu Idris Gimba of Daily Trust, Secretary; Mr. Michael Oshoma of TVC, Treasurer; Sa’adatu Maina of Neptune Prime, Assistant Secretary; and Muhammed Mai Tela of People’s Daily, Auditor.
Yobe: Buni urges journalists to uphold professionalism
NGX woos NPF to list viable businesses
The Group Chairman Nigerian Exchange Group, Dr. Umaru Kwairanga has urged the Nigerian Police Force to consider listing other viable business entities of its organisation on the Exchange as it has done with its Microfinance Bank.
Kwairanga made the call on Wednesday in Lagos at the closing gong ceremony in honour of the Inspector General of Police, Kayode Egbetokun, who was at the trading floor of the Nigerian Exchange.
Kwairanga gave the NGX’s assurance that such companies if listed would be given free publicity, easy access to greater ponds of capital, and greater transparency and efficiency in their operations.
He said that the Exchange, its operators and quoted companies would continue to provide environment conducive for NPF businesses, in view of the critical role that the police play in ensuring a stable environment for businesses to thrive.
“Our quoted companies have been key to the success of the Police Trust Fund and stand ready to cooperate with the Nigerian Police in other ways that you require logistical and other support to ensure that we have a secure nation and capital market.
“Apart from its core duties of ensuring Nigeria’s internal security, the Nigerian Police Force has over the years established and grown various thriving businesses for the welfare of its personnel.
“One of them, the Nigerian Police Microfinance Bank is in fact quoted on the main board of the Exchange and doing very well in terms of capital appreciation, dividends and corporate governance,” he said.
The NGX boss advised that the Pension Fund should consider increasing its allocations to eligible equity quoted on the Nigerian Exchange.
While commending Egbetokun for visiting the Exchange, Kwairanga pledged to strengthen the mutually beneficial relationship going forward.
Our Correspondent reports that the visit underscores the continued collaboration between key national institutions in promoting market confidence, investor trust and a transparent, well-functioning capital market.
NGX woos NPF to list viable businesses
Turkish–Nigerian Poets Unite in Abuja to Promote Peace Through Art
By: Michael Mike
Nigeria and Turkey have reinforced their cultural partnership through a poetry exchange in Abuja designed to foster peace, dialogue, and mutual understanding between the two nations.
The literary gathering, hosted by the Yunus Emre Enstitüsü, brought together poets, cultural practitioners, diplomats, and arts administrators from both countries to explore shared human values through poetry and performance.
Speaking at the event, Director-General of the Kaduna International Film Festival, Israel Kashim Audu, described poetry as a powerful medium for cultural diplomacy and peacebuilding. He noted that although Turkish poetry is deeply influenced by Anatolian mysticism, Nigerian poetry often reflects post-colonial experiences, identity, and nationhood.
“Despite their different historical contexts, both poetic traditions meet in their pursuit of justice, harmony, and human dignity,” Audu said.
The Abuja Coordinator of Yunus Emre Enstitüsü, Fatih Erkin Mahdum, said the institute has remained committed to promoting Turkish language, arts, and culture in Nigeria since its establishment in 2021. He added that collaborations with Nigerian artists are central to strengthening cultural ties and encouraging creative exchange.
Diplomatic presence at the event underscored its international significance. Mrs Florence Nzako, Counsellor at the Embassy of the Democratic Republic of Congo, alongside Solveig Andresen of the Norwegian Embassy, welcomed participants and commended the initiative for using art to advance peace and intercultural understanding.
Poets at the gathering presented works exploring themes of peace, love, displacement, and resilience, drawing poetic connections between the Bosphorus and the Niger River as symbols of unity and shared humanity.
Also speaking, Director-General and Artistic Director of the National Troupe of Nigeria, Kattumu Bulama Gana, said artistic collaborations provide unique opportunities to understand common histories and aspirations. He described the poetry exchange as a valuable contribution to cultural diplomacy between Nigeria and Turkey.
Turkish–Nigerian Poets Unite in Abuja to Promote Peace Through Art
Yobe: Buni urges journalists to uphold professionalism
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NGX woos NPF to list viable businesses
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