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By Tracy Moses
The ECOWAS Community Court of Justice has ordered the Federal Republic of Nigeria to pay N10 million in damages to journalist Jide Oyekunle over what it described as violations of his fundamental rights during the #EndBadGovernanceInNigeria protests in Abuja.
The judgment, delivered in Suit No. ECW/CCJ/APP/29/25, found Nigeria liable for breaching Oyekunle’s rights to freedom of expression, personal liberty, human dignity and property following his assault, arrest and detention by police officers while carrying out his professional duties.
The case was instituted by Avocats Sans Frontières France (ASF France), also known as Lawyers Without Borders France, under its European Union-funded eRIGHTS project, which promotes the protection of human rights in the digital environment.
Oyekunle, a reporter with Independent Newspaper and former Chairman of the Nigeria Union of Journalists (NUJ), FCT Correspondents’ Chapel, was covering the nationwide protests at Eagle Square, Abuja, on August 1, 2024, when armed police officers allegedly descended on him.
According to court documents, the officers, acting on the directive of the then Commissioner of Police, Federal Capital Territory, Benneth Igweh, assaulted the journalist, damaged his camera and confiscated his mobile phone before taking him into custody.
The regional court held that the actions of the police amounted to an unlawful interference with journalistic work and a direct attack on press freedom.
It agreed with submissions by the applicant’s counsel, Collins I. Maidoh-Anene, that the detention of the journalist and seizure of his phone were excessive, unjustifiable and incompatible with international human rights standards.
In its ruling, the court held that preventing Oyekunle from reporting the protest infringed on his right to freedom of expression guaranteed under Article 9 of the African Charter on Human and Peoples’ Rights.
The court further ruled that the assault and detention violated Articles 5 and 6 of the Charter, which protect the rights to dignity, personal liberty and freedom from degrading treatment.
It also found that the confiscation of his mobile phone constituted a breach of his right to property under Article 14.
The judges rejected Nigeria’s justification for the actions of the security personnel, ruling that the measures taken against the journalist failed the internationally recognised standards of necessity and proportionality.
Consequently, the court awarded Oyekunle N10 million in general damages.
Reacting to the verdict, Country Director of ASF France, Angela Uwandu Uzoma-Iwuchukwu, described the judgment as a significant milestone in the protection of media freedom and digital rights across West Africa.
She said the ruling reinforces the principle that journalists’ digital devices are essential tools of their profession and should not be arbitrarily seized by state authorities.
“The Court’s pronouncement adds to the growing jurisprudence from the regional court protecting journalists and human rights defenders who document protests and public interest events.
“ASF France will continue to monitor compliance with the judgment and provide legal aid to journalists facing similar violations.
“For Avocats Sans Frontières France and the eRIGHTS project partners, this ruling strengthens legal protections for journalism in the digital age. It shields reporters from tech-based censorship and intimidation, puts security agencies on notice that targeting media practitioners during protests will attract accountability, and reaffirms the ECOWAS Court as a vital shield for civic space in the region,” she said.
Observers say the judgment is likely to have wider implications for media freedom and civic rights in the ECOWAS region, where journalists and human rights defenders increasingly face intimidation while covering public demonstrations and matters of public interest.
The ruling also adds to a growing body of decisions by the regional court aimed at safeguarding freedom of expression and strengthening accountability among state institutions.
Responding to the judgment, Oyekunle said the ruling transcends his personal experience and represents a victory for journalists and citizens committed to democratic values.
“The decision of the ECOWAS Court is not only about me; it is about every journalist, media worker, and Nigerian citizen who believes in the right to freedom of expression, access to information, and peaceful civic participation.
“This judgment sends a clear message that security agencies and government institutions must be held accountable when they violate fundamental rights.
“Because if democracy is all about good governance, accountability, and transparency, then press freedom should not be curtailed, denied, or restricted,” he said.
The journalist expressed gratitude to the Nigeria Union of Journalists, the FCT Council of the union, ASF France, colleagues, rights advocates and other supporters who stood by him throughout the legal battle.
The judgment is expected to strengthen advocacy efforts aimed at protecting journalists from harassment and ensuring that media practitioners can carry out their constitutional responsibilities without fear of intimidation or unlawful interference.