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Press Freedom in a Democratic Society: The Gambia Supreme Court Decision

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By Adeboro Odunlami

About three months ago, precisely on the 14th of February 2018, the Court of Justice of the Economic Community of West African States, pointedly delivered a judgment in favor of press freedom in the Gambia.

 

The case before the ECOWAS court had been triggered by the story of four Gambian journalists, Fatou Camara, Fataou Jaw Manneh, Alhagie Jobe, and Lamin Fatty, who had been arrested, detained and intimidated for their work as journalists in the Gambia; a ‘democratic’ country.

 

They had so much feared further persecution “including the fear of physical and mental harm” that they fled their country into exile.

 

The case (Suit No: ECW/CCJ/APP/ 36/15) was then filed in the name of the Federation of African Journalist (FAJ) and the four aforementioned journalists, against the  Republic of the Gambia and the ECOWAS court was called upon to determine the appropriateness of such laws upon which the Gambian government rely to repress press freedom, namely the Information and Communications Act and some provisions in the Gambia Criminal Code, and for the ECOWAS court to order The Gambia to repeal those laws and enact more favourable laws.

 

These laws did not only repress press freedom, the right to information and expression, right to liberty and security and the freedom from torture and inhuman treatment, it also imposed ridiculous penalties.

 

For instance, one of the journalists had been slammed with the penalty of paying 250,000 GMD (approx. $5299.42USD) for criticizing the government and the president.

 

Even more ridiculous was that the penalty was to be payable within 2 hours and if not, she’d have to spend 4 years in prison.

 

In giving its judgment, the ECOWAS court declared that the Gambian government had violated the rights of the Defendant and directed her to immediately repeal and/or amend the relevant laws in line with its obligations under the African Charter on Human and Peoples Rights, the International Convention on Civil and Political Rights, the ECOWAS revised treaty and other international instruments.

 

This laudable judgment has been described as a landmark one which restored hope to press freedom in the Gambia, providing justice and respect for the rights of the Gambian people, especially the journalist.

 

However, on the 9th of May 2018, the Supreme Court of Gambia declared that although criminal defamation and false publication are unconstitutional, sedition is only partially unconstitutional.

 

That is, that Sedition still validly exists as an offense only when said speech is made against the President. Why this was declared by the Supreme Court of a nation that subscribes to democracy is beyond comprehension.

 

In addition to this declaration being overtly against the order made by the ECOWAS court in FAJ v. The Gambia, it also negates other components of the principle of democracy.

 

Democracy shows no favoritism for a single elected representative without any democratically sound reason. Democracy favors the good of the people over the interests of the government; whether as a whole or for an individual politician.

 

The rule of law, a component of democracy, requires that the law is to govern above all persons and no one is to be above the law. The question therefore is: If it isn’t constitutional for sedition to exist as a crime against the government, why then should it be constitutional for it to exist against the President?

 

Above all of these, a major reason why this ruling by the Supreme Court of Gambia is anti-democratic is that by going against the express Order of a superior court, it is has placed itself in opposition to the democratic mechanism of checks and balances.

 

By virtue of Article 5(3) of the ECOWAS Revised Treaty, each Member State undertakes to honor its obligations under the treaty. Article 15(4) more directly states that the judgments of the ECOWAS court are binding on the Member States.

 

The Gambia (which includes the judiciary) cannot claim that it has absolute powers to make decisions as it deems fit over the Gambia people as it has ceded some of those powers to the ECOWAS court and must comply when such ceded powers are exercised.

 

The ECOWAS Court addressing this issue in Musa Saidykhan vs. The Republic of The Gambia said:

“ECOWAS is a supranational authority created by the Member States wherein they expressly ceded some of their sovereign powers to ECOWAS to act in their common interest.

 

“Therefore, in respect of those areas where the Member States have ceded part of their sovereign powers to ECOWAS, the rules made by ECOWAS supersede rules made by the individual Member States if they are inconsistent …

 

“Therefore, it is untenable for the Member State of ECOWAS to claim that a matter is essentially within its domestic jurisdiction when it had expressly or by necessary implication granted ECOWAS powers to act solely or concurrently with national jurisdiction in respect of that matter”

 

The Republic of Gambia is therefore called upon to do the right thing; to entirely comply with the order by the ECOWAS court by ruling Sedition as fully unconstitutional – both regarding the government and the President.


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Ugo Onwuaso is an ICT enthusiast. He believes technology should be used for general good. He holds a Master of Public Administration (MPA) degree from the Lagos state University. Dear Reader, Your support matters. But we believe that technology makes life more exciting and helps improve the lives of people around Nigeria and indeed the world. That is why, we have devoted our energy to independent reportage of technology and finance and how they affect lives. Our incisive and analytical view of how technology news affects the daily life help individuals and organizations make up their minds. Quality journalism costs money. Today, we're asking that you support us to do more. Kindly support our effort to deliver technology and finance journalism to everyone in the world. Donate as little as N1,000. Bank transfers can be made to: UBA Plc 1017156876 Communication Week Media Ltd

General News

Leo Stan Ekeh Foundation to Open Portal for 1,000 University Tech Scholarships on Monday

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The Leo Stan Ekeh Foundation (LSEF), in collaboration with TD Africa, Konga Group, Zinox Technologies, and Task Systems, is set to officially launch its highly anticipated scholarship programme aimed at empowering 1,000 exceptional Nigerian indigent whiz-kids in the field of technology.

Leo Stan Ekeh Foundation to Open Portal for 1,000 University Tech Scholarships on Monday

Leo Stan Ekeh

The dedicated application portal, initially scheduled to go live on April 22, will now launch on  Monday,  April 27, 2026, following final technical enhancements to ensure a seamless, secure, and transparent application experience for prospective candidates nationwide.

This landmark initiative, first announced by Leo Stan Ekeh, Africa’s foremost tech icon and chairman of Zinox Group, forms part of his unwavering commitment to national development and youth empowerment.

The programme was unveiled on February 22, 2026, when Ekeh marked his 70th birthday. Rather than host an elaborate celebration befitting a man of his stature, he chose to channel resources into a cause that would create long-term impact for an economy, offering university scholarships to indigent but brilliant Nigerian youths to study Computer Science in federal institutions.

Building on a legacy of over 6709 beneficiaries trained over four decades by him and his companies, Mr. Ekeh at the time said the goal is to nurture a new generation of highly skilled technology professionals capable of supporting both the private and public sectors, while positioning Nigeria for greater competitiveness in the global digital economy.

This vision reflects his decades-long commitment to building sustainable  positive disruptive capacity within Nigeria’s technology ecosystem that shall alter the nation’s GDP.

The scholarship programme is designed to transcend mere financial support, offering beneficiaries access to a comprehensive ecosystem powered by the initiative’s distinguished partners. Beneficiaries will receive technical support, mentorship by very successful members of Nigeria Compute Society, and industry exposure to ensure that recipients are equipped with practical, market-relevant skills.

This multi-faceted approach ensures that scholarship beneficiaries gain not only theoretical knowledge but also hands-on experience and professional networks that will propel their careers in technology.

By leveraging the combined expertise and infrastructure of these industry leaders, the initiative is poised to deliver a transformative learning experience that prepares young Nigerians to compete effectively on the global stage. Beneficiaries will emerge as future-ready innovators capable of driving digital transformation across sectors and contributing meaningfully to Nigeria’s economic growth.

The initiative builds on the longstanding legacy of Leo Stan Ekeh, whose contributions to Nigeria’s technology landscape and by extension Africa have spanned decades and fundamentally reshaped the nation’s digital infrastructure. From pioneering indigenous computer manufacturing through Zinox Technologies to driving digital transformation across public and private sectors, Ekeh has consistently demonstrated a commitment to building sustainable technological capacity within Nigeria.

His investments in digital infrastructure, talent development, and indigenous innovation have positioned Nigeria as a formidable player in the global technology landscape.

This scholarship programme represents the latest chapter in that transformative journey, directly addressing the critical need for skilled technology professionals in an increasingly digital global economy.

As anticipation builds ahead of the April 27 launch, interested applicants are advised to visit the Konga.com website and click the Foundation banner on 1000 Tech Scholarships Awards where the application link and detailed participation guidelines will be published on the launch date. The organisers have assured that the selection process will be merit-driven, inclusive, and transparent, with a focus on identifying truly outstanding young talents from across Nigeria’s diverse regions.

 


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US Library Blames Hackers for Viral Posts Urging Violence in Nigeria

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Westerville Public Library, a public library that serves the community of Westerville, Ohio, a suburb of Columbus in United States is in the news after its social account urged violence against Nigerian politicians.

US Library Blames Hackers for Viral Posts Urging Violence in Nigeria

Library staff said the inflammatory messages were not written by any employees and moved quickly to purge the feed and regain control of the account, rattling regulars who are used to the library’s usually low-traffic presence in Uptown Westerville.

The Columbus Dispatch reported that the library’s X account first posted a message calling for the death of Nigerian politicians, starting with the country’s president.

According to the paper, most of those posts were wiped from the feed within about half an hour.

The Dispatch also noted that the account had been sitting dormant since 2024 before the violent statements suddenly went live, and its full report includes the timeline and language that circulated on the platform.

After the posts appeared, the library issued a short note on X that read, “Please disregard any recent posts you may have seen from the Westerville Library on this platform today. Thank you for your understanding.” As reported by The Columbus Dispatch, communications director Tamara Murray told the paper the account was hacked shortly before the messages were published and that staff were working to recover passwords.

The library did not immediately say whether law enforcement had been notified.

 

 


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IshowSpeed’s African Tour was ‘Spy Job,’ for Elon Musk-   Seun Kuti

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Oluseun Anikulapo Kuti, popularly known Seun Kuti, Nigerian musician, has claimed that IShowSpeed, American streamer’s African tour was was funded by Elon Musk, billionaire tech mogul.

IshowSpeed’s African Tour was ‘Spy Job,’ for Elon Musk-   Seun Kuti

Seun Kuti

According to the singer and the youngest son of Fela Kuti, Afrobeat pioneer, the tour aimed at testing the reach of Musk’s satellite across the African continent.

Seun Kuti also explained that the streamer’s tour was not just to see the beauty of Africa, but was a spy job for Elon Musk.

”They all have the agenda. All that was a spy job for Elon Musk. I hail him and we have our own people pursuing him with us“, he added.

IShowSpeed completed a landmark 28-day tour of Africa, visiting 20 countries between December 29, 2025, and January 27, 2026, aimed at experiencing local cultures and engaging with fans.

The trip, which featured live-streamed visits to nations including Nigeria, South Africa, and Ghana, saw him surpass 50 million subscribers. He described the experience as life-changing.


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