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ECOWAS Court has enriched regional, global jurisprudence, says ex-president

ECOWAS Court of Justice has enhanced and enriched regional and international jurisprudence since its creation, Edward Asante, an ex-president of the court, says.

• February 20, 2025
ECOWAS Court
ECOWAS Court (Credit: Nigeria Guardian)

ECOWAS Court of Justice has enhanced and enriched regional and international jurisprudence since its creation, Edward Asante, an ex-president of the court, says.

Mr Asante stated this during a workshop in Lagos on Wednesday.

Mr Asante underscored the legal foundations guaranteeing freedom of expression within ECOWAS member states, which he said were drawn from international, regional, and national legal instruments.

He listed the instruments as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the African Charter on Human and Peoples’ Rights.

He noted that one of the court’s landmark judgments was the Socio-Economic Rights and Accountability Project versus Nigeria (ECW/CCJ/JUD/40/22), otherwise called the Twitter Case.

Mr Asante stated that the court ruled that access to Twitter was a derivative right necessary for exercising freedom of expression and ordered Nigeria to lift its suspension of the social media platform.

Another landmark judgment, he said, was in the case of Amnesty International and others versus Togo (ECW/CCJ/JUD/09/20).

Mr Asante said in that case, the court held that internet shutdowns constituted a violation of the right to freedom of expression, enriching global jurisprudence.

That particular decision, he said, earned the court international recognition, culminating in its winning the Columbia University Global Freedom of Expression Award.

He further said that one of the court’s landmark decisions was the Federation of African Journalists and others versus The Gambia (ECW/CCJ/JUD/04/18).

Mr Asante said the court decided that The Gambia’s criminal laws imposed disproportionate restrictions on press freedom, were inconsistent with international human rights standards, and ordered repealing its provisions.

He also said the case of Isaac Olamikan and another person versus the Federal Republic of Nigeria (ECW/CCJ/JUD/43/23) enriched regional and international jurisprudence.

In the instant case, he said the court ruled that restrictive accreditation requirements for journalists in Nigeria violated the freedom of expression under the ACHPR.

The judge also challenged ECOWAS member states to take responsibility for ensuring that a legal environment conducive to media freedom thrived in their countries.

(NAN)

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