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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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Cybersecurity Firm Detects a Wave of Crypto Phishing Following BlockFi Bankruptcy

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Kaspersky has detected a wave of phishing attacks preying on former customers of the bankrupt crypto lending platform BlockFi.

These scams leverage the ongoing distribution of customer assets following BlockFi’s 2022 bankruptcy, tricking victims into surrendering cryptocurrency wallet seed phrases, potentially leading to financial losses.

BlockFi, once a prominent provider of high-yield interest accounts and crypto-backed loans, announced bankruptcy in November 2022. The company began disbursing repayments to affected clients in 2024 as part of its restructuring plan.

Kaspersky has detected fraudulent emails mimicking BlockFi’s official branding, which falsely invite recipients to “claim the payment” they are “entitled to.” After clicking on the link, users land on a phishing page and are prompted to “connect their wallet”.

The attackers suggest that users import their existing wallet by typing in the secret phrase – this grants attackers direct access to the funds in the victim’s wallet.

“Phishing attacks like this are widespread, capitalising on real-world events to build trust and urgency. Victims who fall for these scams risk exposing their crypto wallets to theft. It’s critical for individuals to verify any communications directly through official channels and to check the address from where the email originates for legitimacy,” comments Roman Dedenok, anti-spam expert at Kaspersky.

The phishing emails feature convincing logos, colour schemes, and language, making them difficult to spot at first glance. Kaspersky recommends the following steps to avoid falling victim to this or similar scams:

  • Do not click on links or respond to unsolicited emails.
  • Protect Sensitive Information: Never share banking credentials, wallet seed phrases, or other private keys in response to an email or online form.
  • Use Security Tools: Enable two-factor authentication (2FA) on all financial accounts, employ reputable security software like Kaspersky Premium, and consider using a password manager to safeguard credentials.

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Universal Insurance to Raise N15bn to Meet Capital Rules

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Universal Insurance Plc has secured the approval of its shareholders to raise additional capital of N15 billion through a proposed recapitalisation exercise, as the insurer intensifies efforts to strengthen its balance sheet and position the company for long-term sustainability.

The approval will be granted at an Extraordinary General Meeting (EGM) scheduled for February 5, 2026 in Lagos.

Currently, Universal Insurance’s share capital stands at N8 billion, with 16 billion ordinary shares held by existing shareholders on the NGX. The board is seeking to revalidate, authorise, and regularise 14 billion unissued ordinary shares for the planned capital raise and also secure approval to list and admit the new shares for trading

Following resolutions passed at the Extraordinary General Meeting (EGM), Universal Insurance Plc is moving forward with a comprehensive recapitalisation programme aimed at reinforcing its capital base and improving its capacity to underwrite larger and more diversified risks.

Shareholders approved the plan to raise new equity through a combination of capital market instruments, subject to regulatory approvals, as part of efforts to meet industry capital requirements and support future growth.

Gross premium written rose to N18.59 billion, up from N12.29 billion a year earlier, driven by increased underwriting activity across key insurance segments. Insurance revenue also grew to N14.68 billion, compared with N9.85 billion in the prior period, reflecting stronger risk acceptance and improved pricing discipline.

Despite higher insurance service expenses, the company posted an insurance service result of N1.13 billion, while net investment income surged to N2.79 billion, supported largely by fair value gains on financial assets. As a result, net insurance and investment income increased to N5.18 billion, nearly double the N2.61 billion recorded in the same period of 2024.

On the balance sheet, total assets expanded to N21.82 billion as at September 30, 2025, from N18.14 billion a year earlier, supported by growth in financial assets and investment properties. Shareholders’ funds rose to N14.38 billion, up from N12.33 billion, reflecting improved profitability and reserve accumulation.

Investors have also responded positively to Universal Insurance’s performance, with its stock delivering an 83.33 percent return in 2025, rising from N0.66 to N1.21 per share, and trading volumes exceeding 6 billion shares.

The recapitalisation initiative, combined with the improving financial performance recorded in Q3’25, underscores Universal Insurance Plc’s determination to reposition itself as a more resilient and competitive player in Nigeria’s insurance industry.

The company aims to deliver improved value to policyholders, investors, and partners, while supporting broader economic activity and generating sustainable returns for shareholders.


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FG Rejects Northern Elders’ Gold Refinery Siting Claim

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Federal Ministry of Solid Minerals Development has debunked allegations by the Northern Elders Forum that the Federal Government sited a gold refinery in Lagos, breaching the federal character principle.

FG Rejects Northern Elders’ Gold Refinery Siting Claim

Minister Dele Alake

In a statement from Abuja, Special Assistant to Minister Dele Alake, Segun Tomori, described the claim by the forum’s spokesperson, Prof. Abubakar Jiddere, as “false and misleading.” He clarified that the minister never announced any government-owned gold refinery in Lagos or elsewhere.

Mr Tomori stressed that Minister Alake explicitly described the refinery as a private initiative by Kian Smith, one of several such projects nationwide. “The Federal Government does not compel private companies to site operations in specific regions,” he added, crediting founder Nere Emiko’s leadership.

The project supports the government’s value-addition policy to curb raw mineral exports and boost local processing. Reforms over two years have spurred investments like a $600 million lithium plant in Nasarawa, a $400 million rare earth facility there, and a $200 million ASBA lithium plant in Abuja.

Tomori highlighted the policy’s role in attracting foreign capital and creating jobs, describing the Lagos refinery as proof of successful reforms. He urged the Northern Elders Forum to back efforts for a stronger Nigerian economy rather than spreading misinformation.


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