ECOWAS Court Judge Highlights Jurisprudence on Freedom of Expression, Access to Information, and Journalist Safety

Lagos: Justice Edward Amoako Asante, a judge and immediate past President of the ECOWAS Court of Justice, has delivered a paper at the Train the Trainers' Workshop on Freedom of Expression, Access to Information, Safety of Journalists, AI, and the Rule of Law for Judicial Tutors, organized by UNESCO. He spoke on the topic: 'ECOWAS Court of Justice Jurisprudence and Standards on Freedom of Expression, Access to Information, and Safety of Journalists.'According to Ghana News Agency, the workshop, taking place from 17 to 21 February 2025, brings together key judicial actors to strengthen the rule of law and enhance the protection of fundamental rights in the digital age. In his presentation, Justice Asante underscored the legal foundations guaranteeing freedom of expression within ECOWAS Member States, drawing from international, regional, and national legal instruments.He emphasized the legal obligations of States to uphold human rights principles enshrined in instruments such as the Universal Declaration o f Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), the African Charter on Human and Peoples' Rights (ACHPR), and ECOWAS legal frameworks, including the 1991 Declaration of ECOWAS Political Principles and the 1993 Revised Treaty.Justice Asante highlighted the ECOWAS Court of Justice's landmark cases that had significantly contributed to the promotion and protection of freedom of expression, access to information, and journalist safety. Notable cases included: Socio-Economic Rights and Accountability Project (SERAP) v. Federal Republic of Nigeria, known as the Twitter Case, where the Court ruled that access to Twitter is a derivative right necessary for the exercise of freedom of expression, ordering Nigeria to lift the suspension of the social media platform.Other cases mentioned were Amnesty International and Others v. Republic of Togo, where the Court ruled that internet shutdowns constitute a violation of the right to freedom of expression, earning international rec ognition with the Columbia University Global Freedom of Expression Award; Federation of African Journalists and Others v. The Gambia, where the Court found that The Gambia's criminal laws imposed disproportionate restrictions on press freedom, ordering the repeal of provisions inconsistent with international human rights standards; and Isaac Olamikan and Another v. Federal Republic of Nigeria, where the Court ruled that restrictive accreditation requirements for journalists in Nigeria violated freedom of expression under the ACHPR.Justice Asante further discussed the responsibilities of Member States in ensuring a legal environment conducive for media freedom. He emphasized that while freedom of expression is a fundamental right, it was subject to permissible limitations under international law, provided they met the criteria of legality, legitimacy, necessity, and proportionality.