ECOWAS Acknowledged NPC Rights And Ordered For Amendment Of Laws

ECOWAS Acknowledged NPC Rights And Ordered For Amendment Of Laws

The court of the Economic Community of West African States (ECOWAS) in Abuja has ruled that certain sections of the Nigerian Press Council (NPC) Act failed to acknowledge the importance of public interest media, including the rights of online and citizen journalists.

The court determined that these sections violated Article 9(1) of the African Charter on Human and Peoples’ Rights, as well as Articles 8(1) and 10(2) of the Declaration of Principles on Freedom of Expression in Africa. Consequently, the court has ordered the Nigerian government to amend these contested sections to align with international practices that support free, diverse, and professional journalism.

This judgment stems from a case brought by two Nigerian journalists, Mr. Isaac Olamikan and Mrs. Edoghogho Ugberease, who argued that the NPC Act of 1992 was discriminatory and infringed upon their right to freedom of expression.

The case, identified as ECW/CCJ/APP/31/21, was filed on June 14, 2021, with the lawyers representing the applicants highlighting the concerns with Sections 19(1)(a), 27, and 37 of the NPC Act.

These sections impose age and accreditation requirements on journalists, as well as specific qualifications and registrations with the NPC and Nigeria Union of Journalists.

The applicants’ legal team, led by President Aigbokhan, contended that these requirements failed to recognize the significance of public interest media, including the rights of online and citizen journalists.

They argued that the sections were discriminatory and infringed upon their right to freedom of expression, as guaranteed by various international agreements, such as the African Charter on Human and Peoples’ Rights, the Universal Declaration on Human Rights, the International Convention on Civil and Political Rights, and the Declaration of Principles on Freedom of Expression in Africa.

They also maintained that these sections violated the obligations outlined in the ECOWAS Treaty and other relevant texts.

Overall, the court’s ruling signifies the importance of ensuring that press regulations align with international standards that uphold the principles of free, pluralistic, and professional journalism, thereby protecting the rights of journalists and promoting freedom of expression.

The applicants asked the court to order the respondent to amend the contested sections of the NPC Act, and to pay them $1 million in damages.

The respondent’s lawyers, Mrs. Maimuna Shiru and Mrs. B.J. Oladipo, argued that journalism is a sensitive profession requiring training and regulation to prevent negative outcomes, and that the right to information and freedom of expression are not absolute.

They also argued that the first applicant was arrested for national security reasons, while the second applicant operated without a valid license.

Delivering the judgment, Justice Dupe Atoki, noted that Section 19(1) and Section 27 of the Press Act imposing minimum educational requirements, age limit, and registration, were restrictive and interfered with the right to freedom of expression, and therefore violated Article 9 (2).