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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
Zulum distributes N250m to 25,000 widows, vulnerable women in Gwoza
By: Our Reporter
Borno State Governor Babagana Umara Zulum supervised the distribution of N250 million to over 25,000 widows and vulnerable women through the Borno Renaissance Microfinance Bank in Gwoza Local Government Area on Wednesday.
The distribution took place in four centres, including Central Stadium, Mega Primary School, Government Secondary School and Government Day Secondary School, all in Gwoza town.
The distribution, according to Zulum, was to support women who were victims of the Boko Haram insurgents, some of whom has lost their husbands due to the crisis.
“About 25,000 women benefited from today’s distribution exercise; each of them received N10,000 through the microfinance Bank; we have facilitated the opening of Bank accounts to them to drive financial inclusion,” Zulum said.
He added, “Gradually, we intend to cover all the 27 Local Government Areas and ensure that a sizable number of the population have bank accounts.”
.. Inspects nursing school, approves high Islamic college
Meanwhile, Governor Zulum paid an inspection visit to assess the level and quality of work at the ongoing construction of the school of Nursing in Gwoza.
Zulum, who expressed satisfaction with the quality of the work, directed that the project be completed and put to use in six months.
He explained that his administration decided to establish two new schools of nursing, one in southern Borno and another in Borno north, to address the healthcare needs of Borno’s increasing population.
“The Borno State Government has decided to establish two additional schools of nursing in the state, one in Gwoza and the other in Monguno. This bridges the manpower gap in the health sector, especially in terms of nursing services.
“You have seen the progress, and in sha Allah, this project will be completed in six months. We will ensure hostels are constructed and teachers recruited and, most importantly, enhance the capacity of the General Hospital, Gwoza, to provide a learning environment for the student nurses,” he said.
Before leaving for Maiduguri, Governor Zulum announced a plan to construct a new high Islamic college in Gwoza town that aims to streamline the formal and informal education sectors.
Zulum noted that by establishing the high Islamic college, the government intends to impart proper Islamic comprehension, thereby combating violent extremism among young people.
The governor visited the proposed site for the high Islamic College, which was donated to the Borno State Government by the late Alhaji Muhammad Lawan Buba.
Zulum distributes N250m to 25,000 widows, vulnerable women in Gwoza
FCE Gwoza: Zulum approves N200m, houses for take-off
By: Our Reporter
Borno State Governor Babagana Umara Zulum has approved N200 million and a housing estate for teachers as a take-off package for the newly established Federal College of Education, Gwoza.
Zulum announced this on Tuesday during an inspection visit to the temporary site of the college allocated to facilitate its take-off.
After approving the allocation of the site in July, 2023, the governor ordered the rehabilitation, which has now reached an advanced stage.
Zulum expressed appreciation for the quality of work at the proposed college site and urged the contractors to fast-track its completion to allow for take-off immediately.
Governor Zulum noted that the estate, which has about 12 units of 2-bedroom houses, was built to accommodate teachers as the college prepares for the first set of students’ admission this year.
Zulum has offered similar support for the take-off of Federal Polytechnic, Monguno with a N100 million grant and a temporary site for the commencement of academic activities.
Zulum had, in the past, extended support to federal government institutions providing the necessary services required for the people of Borno State.
While in Gwoza, Zulum paid homage to the emir, Alhaji Umar Shehu Idrissa Timta, at his palace.
Among many other issues, he discussed plans to resettle communities such as Bita, Hambagda, Wala, Yamteki, Modube, Ashigashiya and Guduf.
Zulum expressed gratitude to President Bola Ahmed Tinubu for approving the establishment of the college in Gwoza Local Government Area that was devastated by Boko Haram insurgents.
FCE Gwoza: Zulum approves N200m, houses for take-off
Yobe Goes Spiritual On Insurgents Destroying Electricity Towers
By: Our Reporter
Yobe State government has launched a spiritual war against the Boko Haram insurgents destroying electricity towers which has cut Borno and Yobe states from the national grid for months now.
The towers are part of the Jos – Gombe grid serving Borno and Yobe states with electricity.
After repairing the 330 KVA towers crumbled last February by the insurgents near Kasaisa village, Gujba LGA, cutting the two sister states from electricity supply from the national grid, Governor Mai Mala Buni, on Wednesday, May 15 led a crowd of Muslim clerics in the recitation of the Holy Quran and prayers for God to punish the insurgents crumbling the towers.
The decision followed Governor Buni’s warning that after repairing the towers, he would lead the recitation of the Holy Quran and prayers against the criminals hellbent on denying the two states electricity from the national grid.
It could be recalled that the Yola Electricity Distribution Company (YEDC) recently disclosed that the criminals, for the first time, crumbled the towers in December, 2023, and for the second time, in February, 2024, both of which were repaired by Yobe State government.
Leading Muslim clerics and students of the Holy Quran participated at Wednesday’s recitation and prayers session, where cows were sacrificed for Allah to expose and punish the insurgents crumbling the electricity towers.
The prayer session was for Allah to expose and punish the criminals, their sponsors, their supporters, those who help them with the tools used in the destruction of the towers, their transporters to the scene of the crime, whoever knows but refuses to expose them; buyers of the vandalized tower parts, and transformers thieves.
Yobe Goes Spiritual On Insurgents Destroying Electricity Towers
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