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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

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Nigeria Targets Satellite-to-Mobile Services in Draft Spectrum Roadmap

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Nigerian Communications Commission (NCC) has unveiled a forward-looking strategy that places satellite-enabled mobile connectivity at the heart of the country’s drive to bridge its long-standing coverage gaps.

Nigeria Targets Satellite-to-Mobile Services in Draft Spectrum Roadmap

The draft Spectrum Roadmap for the Communications Sector for 2025 to 2030 lays out how satellite technologies could help deliver reliable voice and data services to millions of Nigerians who live beyond the reach of conventional mobile networks.

The direction is outlined in the Commission’s draft Spectrum Roadmap for the Communications Sector covering the period.

The proposed approach highlights non-terrestrial networks as a complement to existing mobile infrastructure, especially in areas where terrain, insecurity, or high costs limit the deployment of base stations.

The NCC said D2D satellite technology, which allows standard mobile phones to connect directly to satellites, is gaining traction globally as a means of delivering voice and data services without reliance on ground towers.

According to the regulator, the technology could help close persistent coverage gaps in rural, riverine, and border communities that remain outside the reach of conventional networks.

It also noted that satellite-backed connectivity could improve network reliability by providing alternative links during fibre cuts, power failures, or other disruptions affecting terrestrial systems.

The Commission added that wider adoption of D2D services could support emergency communications, public safety operations, Internet of Things applications, and services such as smart agriculture in underserved regions.

It also pointed to potential investment opportunities through partnerships between mobile network operators and satellite companies, including more efficient use of shared spectrum resources.

Beyond D2D services, the roadmap places emphasis on Low-Earth Orbit satellites to expand broadband access to remote parts of the country.

It also proposes better utilisation of Geostationary Orbit satellites and the exploration of high-altitude platforms, such as stratospheric balloons, to support mobile backhaul and rural connectivity.

The policy signals come shortly after Airtel Africa announced an agreement with SpaceX to introduce Starlink-powered direct-to-cell services in Nigeria.

The NCC’s roadmap is expected to shape future spectrum allocation, licensing decisions, and technology adoption across the telecommunications sector.


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House of Reps Releases Certified Copies of Tax Reform Acts amid Gazette Discrepancy Claims

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House of Representatives has released certified true copies of the four tax reform Acts signed into law by President Bola Tinubu, addressing public concerns over alleged discrepancies between legislative versions and circulated gazetted documents.

House of Reps Releases Certified Copies of Tax Reform Acts amid Gazette Discrepancy Claims

Tax Reform Acts

House spokesperson, Akin Rotimi, disclosed this in a statement, noting that Speaker Tajudeen Abbas directed the immediate publication of the Acts—including endorsement and presidential assent pages—for public verification, in collaboration with Senate President Godswill Akpabio.

The move followed allegations raised by Rep. Abdulsamad Dasuki on the House floor, highlighting inconsistencies between Bills passed by the National Assembly and executive gazetted versions, which he warned could erode legislative integrity and public trust.

Abbas constituted a seven-member ad hoc committee chaired by Rep. Aliyu Betara, with members including Idris Wase, Sada Soli, Adedeji Faleke, Igariwey Iduma, Fred Agbedi and Babajimi Benson, to investigate the alleged alterations, unauthorised circulation and preventive measures.

The committee’s mandate includes probing circumstances around the discrepancies, while Abbas ordered internal verification and public release of certified copies to dispel doubts and safeguard legislative records. Legal experts, tax professionals and civil society had demanded clarification and implementation suspension amid heated debates triggered by Dasuki’s intervention.

The released laws comprise the Nigeria Tax Act, 2025; Nigeria Tax Administration Act, 2025; National Revenue Service Establishment Act, 2025; and Joint Revenue Board Establishment Act, 2025, described as foundational to modernising Nigeria’s tax system.

These reforms aim to enhance compliance, curb inefficiencies, eliminate overlaps and bolster fiscal coordination across federal, state and local tiers, following extensive stakeholder consultations, committee reviews and plenary debates under Abbas’s leadership.

Rotimi reassured Nigerians: “The National Assembly is an institution built on records, procedure, and institutional memory. Every Bill, every amendment, and every Act follows a traceable constitutional and parliamentary pathway.”

He emphasised that only National Assembly-certified versions hold authority, urging the public, institutions and stakeholders to disregard all other circulating documents as unofficial.


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MultiChoice Secures 12 Warner Bros. Discovery Channels in New Multi-Year Deal

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MultiChoice, a CANAL+ company, has retained the distribution rights to 12 Warner Bros. Discovery thematic channels following the signing of a new multi-year, multi-territory agreement between CANAL+ Group and Warner Bros. Discovery, marking a significant expansion of their long-standing partnership.

MultiChoice Secures 12 Warner Bros. Discovery Channels in New Multi-Year Deal

MultiChoice

The new deal, which spans several regions across Africa and Europe, covers the distribution of HBO Max as well as the renewal of selected Warner Bros. Discovery thematic channels. It represents a major milestone in the companies’ international collaboration and strengthens content offerings across MultiChoice Group territories.

MultiChoice disclosed that this agreement builds on earlier partnerships concluded in Europe. “It builds on the landmark agreements concluded in France in 2024,including the renewal of the exclusive pay-TV window for Warner Bros. Pictures films just six months after their theatrical release in France and the integration of HBO Max within select CANAL+ group offers – as well as in Poland in 2025, with the renewal of the distribution agreement for 22 thematic channels (including TVN 24 and Eurosport) and 4 free-to-air channels (including TVN).”

Under the renewed arrangement, MultiChoice Group will continue to distribute 12 Warner Bros. Discovery thematic channels across its territories, with some channels offered on an exclusive basis. CNN International and Cartoon Network will remain exclusive to South Africa while being distributed non-exclusively in other markets. Cartoon Network Porto will be exclusive in Angola and Mozambique and non-exclusive elsewhere. Other channels such as Discovery Channel, TLC, HGTV, Food Network, TNT Africa, Travel, ID and Cartoonito will be offered on a non-exclusive basis.

According to the partners, the deal reinforces CANAL+ Group’s channel portfolio on the continent. “This agreement enables CANAL+ Group to strengthen its entertainment, kids, news, and documentary channel offerings in African markets.”

The agreement is also expected to improve access for CANAL+ Group subscribers to Warner Bros. Discovery’s premium content through HBO Max and selected channels, including globally recognised series and films, further extending the studio’s international reach while consolidating MultiChoice’s content offering in key markets.

 


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