ECOWAS court enhances freedom of expression across member states

The ECOWAS Court of Justice has significantly enhanced regional and international law since its establishment, according to Edward Asante, a former president of the court.

During a workshop held in Lagos on Wednesday, Asante emphasized the legal frameworks that protect freedom of expression among ECOWAS member states, which are based on a variety of international, regional, and national legal instruments.

He mentioned key documents such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the African Charter on Human and Peoples’ Rights.

Asante highlighted a notable ruling from the court in the case of Socio-Economic Rights and Accountability Project versus Nigeria (ECW/CCJ/JUD/40/22), commonly referred to as the Twitter Case.

The court determined that access to Twitter is a derivative right essential for freedom of expression and mandated Nigeria to lift its ban on the social media platform. 

Another significant ruling mentioned was in the case against Togo involving Amnesty International and others (ECW/CCJ/JUD/09/20). In this instance, the court determined that internet shutdowns violated the right to freedom of expression, contributing to international legal discourse. This particular ruling garnered the court global recognition, leading to its receipt of the Columbia University Global Freedom of Expression Award.

Additionally, Asante pointed to the decision in the case of Federation of African Journalists and others versus The Gambia (ECW/CCJ/JUD/04/18).

The court found that The Gambia's criminal laws imposed disproportionate limitations on press freedom, which did not align with international human rights standards, and ordered the repeal of those provisions.

He also referenced the case of Isaac Olamikan and another versus the Federal Republic of Nigeria (ECW/CCJ/JUD/43/23), which added to regional and international legal understanding.

In this case, the court ruled that Nigeria's restrictive accreditation requirements for journalists infringed upon the freedom of expression protected under the African Charter on Human and Peoples’ Rights (ACHPR).

Asante challenged ECOWAS member states to ensure a legal environment that supports media freedom within their nations.