News
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
BOSEPA Concludes 2024 Sanitation Exercises with Stern Warning and Commendations
BOSEPA Concludes 2024 Sanitation Exercises with Stern Warning and Commendations
By: Our Reporter
The Borno State Ministry of Environment, led by Dr. Juliana Bitrus, Permanent Secretary, and Alhaji Abubakar Suleiman, General Manager of BOSEPA, concluded the final sanitation exercise for 2024 with a strong warning to defaulters on 7th November 2024.
The team supervised the sanitation vanguard in Maiduguri and its environs, ensuring compliance with sanitation regulations.
During the exercise, Dr. Bitrus and her team inspected various markets and locations in Maiduguri and its environs, ensuring compliance with sanitation regulations. The team issued stern warnings to defaulters, including the three chairmen of Tasha Kangaluya Market, who were cautioned to comply with sanitation regulations or face legal consequences.
Dr. Bitrus thanked the trade unions operating in the markets for their cooperation, which contributed to the success of the exercise.
Additionally, bean cake sellers along Roadside were taken to the sanitation court for engaging in illegal activities and neglecting to clean their environment.
The exercise was commended by Alh. Musa Goma, Special Adviser to the Governor on Environment, who thanked individuals and clubs for their continued support. He called on other clubs and associations to participate in the sanitation exercise to help make Borno cleaner and more peaceful.
Alhaji Suleiman Abubakar, General Manager of BOSEPA, emphasized the importance of proper waste management, warning against dumping refuse into drainages and waterways. He announced that those found guilty would face legal consequences, including arrest and prosecution.
Suleiman expressed his gratitude to the Executive Governor Prof. Babagana Umara Zulum, Borno State House of Assembly, the state Executive council, Clubs/Association and all other individuals who contributed to the success of the exercise throughout the year.
The sanitation supervisory team also witnessed key officials such as the General Manager of BOTMA, Engr Babashehu Tijjani, and other senior members of the Ministry of Environment and security personnel.
Shortly after the exercise the team visits Borno State Environmental Sanitation Court, where they discussed potential reviews of environmental laws with the judge.
BOSEPA Concludes 2024 Sanitation Exercises with Stern Warning and Commendations
News
Yobe received the Arab Bank consulting team
Yobe received the Arab Bank consulting team
By: Yahaya Wakili
The Yobe state government, through the office of the secretary to the state government, Alhaji Baba Mallam Wali mni, has received a reputable consulting team who were engaged to conduct comprehensive feasibility studies and technical designs for the successful implementation of the Arab Bank for Economic Development in Africa (BADEA) project in the state.
The SSG who received the team on behalf of the state government highlighted three priority areas identified by the Executive Governor of Yobe State, Hon. Mai Mala Buni CON, to be handled under the project.
He articulated the three key areas to include: infrastructure, agriculture, and energy, which were strategically selected to improve the livelihoods and promote the economic growth of the citizens.
While making his remarks, the Secretary to the State Government has called on the consultant to justify the conference reposed on them by the government.
Earlier speaking, State Focal Person BADEA, Idriss Mohammed Yaro Gumsa, told the SSG that consultants were in Yobe for the past couple of days as he took them round for a sightseeing visit to some of the proposed project sites.
Also, as part of the mandate for the consultants visit to Yobe, the state government conducted a high-level stakeholder engagement aimed at preparing necessary requirements for securing alternate financing to drive sustainable development and enhance the quality of lives of Yobe communities through funding from BADE.
The session chaired by the SSG, represented by the Hon. Commissioner of Finance and Economic Development, Alhaji Mohammed Abatcha Geidam, was meant to deliberate on the technical aspect of the project proposal.
“Under agriculture, the proposed initiatives include supporting 20,000 smallholder farmers across the 17 LGAs of the state with essential inputs such as seeds, fertilizers, and equipment, including solar-powered water pumps and hand-push tillers, among others.
“Establishing 50 small-scale irrigation schemes in Yobe State to facilitate year-round crop production, targeting over 14,000 individual beneficiaries.
According to him, the focus for infrastructure development in the project involves the construction and rehabilitation of 253 kilometers of rural and urban roads across the state.
Others include drilling and installing 200 hybrid solar-powered boreholes in urban-rural communities, boarding secondary schools and primary healthcare centers, as well as construction of 200-bed capacity hostels in the designated tertiary institutions across the three senatorial districts.
While the energy sector intends to provide solar and renewable energy solutions for boarding schools, specialist hospitals, healthcare centers, and modern markets and promote energy efficiency through advanced technologies and practices.
He urged the consulting firm to work in line with the state government’s priorities and ensure due diligence in the conduct of their assignment.
Meanwhile, in his presentation on the overview of the BADEA project in Yobe, the State Focal Person, Idriss Mohammed Yaro, highlighted the deliberate efforts made by the Yobe state government towards attracting the BADEA project, which include an official visit to the Arab Bank’s headquarters in Riyadh by our leader and people-oriented governor, His Excellency, Governor Mai Mala Buni CON.
The consultant assured the government of their commitment to deliver the assignment according to standard specifications.
Yobe received the Arab Bank consulting team
News
Zulum felicitates with CEO Matrix Ltd, Alhaji Adisa at 50
Zulum felicitates with CEO Matrix Ltd, Alhaji Adisa at 50
By: Our Reporter
Borno State Governor Babagana Umara Zulum has felicitated with the Chairman and Chief Executive Officer of Matrix Limited, Alhaji Abdulkadir Adisa Aliu, on the occasion of his 50th birthday.
Governor Zulum in a statement by his Special Adviser on Media, Dauda Iliya, described the celebrant as a distinguished philanthropist whose commitment to education support, job creation, and equal opportunities has left an indelible mark on society.
The governor further lauded Alhaji Aliu’s ingenuity as an entrepreneur who has taken the Matrix Group to the apex of its business, thereby creating jobs in the process for the teeming unemployed youth in the country.
“Let me join family, friends, and associates to celebrate you as you turn 50,” Governor Zulum stated. “Indeed, you have positively impacted the lives of many. Happy 50th birthday.”
He expressed gratitude to Allah (SWT) for Alhaji Aliu’s good health, strength, and longevity while urging him to remain steadfast in his values and service to humanity.
Zulum felicitates with CEO Matrix Ltd, Alhaji Adisa at 50
-
News9 months ago
Roger Federer’s Shock as DNA Results Reveal Myla and Charlene Are Not His Biological Children
-
Opinions3 years ago
THE PLIGHT OF FARIDA
-
News9 months ago
EYN: Rev. Billi, Distortion of History, and The Living Tamarind Tree
-
ACADEMICS10 months ago
A History of Biu” (2015) and The Lingering Bura-Pabir Question (1)
-
Columns9 months ago
Army University Biu: There is certain interest, but certainly not from Borno.
-
Opinions10 months ago
Tinubu,Shettima: The epidemic of economic, insecurity in Nigeria
-
Opinions3 years ago
POLICE CHARGE ROOMS, A MINTING PRESS
-
National News9 months ago
Fraud and Mismanagement Rock INGO’s IDP Cash Assistance Effort in Bama