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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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Woherem Proposes Pragmatic Roadmap to End Terrorism and Banditry in Nigeria

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Dr. Evans Woherem, an award-winning African technology researcher, analyst, and writer, has proposed a comprehensive and implementable strategy to end terrorism, banditry, and criminal violence in Nigeria, warning that the country’s prolonged insecurity has reached a critical point that demands urgent, coordinated action.

Titled “A Comprehensive Strategy for Ending Terrorism, Banditry, and Criminal Violence in Nigeria: A Pragmatic, Multi-Layered, and Implementable Framework,” the paper presents a holistic roadmap designed to reverse more than a decade of escalating violence that has claimed thousands of lives, displaced communities, weakened local economies, and eroded public trust in governance.

According to him, insecurity has become deeply entrenched in everyday life across the country. “Terrorism, banditry, and criminal violence have become so commonplace that they now dominate daily conversations among Nigerians,” Dr. Woherem noted, adding that while the crisis is most acute in the North-East, North-West, and North-Central regions, “its effects are now being felt even in the southern parts of the country.”

Citing the 2025 Global Terrorism Index, which ranks Nigeria sixth globally in terms of terrorism impact, Dr. Woherem described the ranking as “a sobering statistical confirmation that terrorism still weighs heavily on the Nigerian state.”

The paper traces the roots of the crisis to the emergence of Boko Haram in 2009 and the subsequent rise of splinter groups such as ISWAP. It recalls high-profile incidents including the 2014 abduction of schoolgirls in Chibok, the Dapchi and Kankara kidnappings, and a series of mass abductions and attacks on schools and places of worship recorded in 2025.

Dr. Woherem observed that banditry, largely driven by ransom payments, “has spread across the entire nation, creating fear, weakening productivity, and pushing millions of households deeper into poverty.”

While acknowledging the role of military action, the author cautioned against relying on force alone. “Nigeria cannot defeat insurgency and violent crime through arms and ammunition alone,” he said. “Any sustainable solution must confront the internal conditions that allow insecurity to thrive.”

Among the key drivers identified in the paper by Dr. Woherem, are porous borders, arms proliferation, youth unemployment, economic stagnation, and persistent conflicts over land and resources, challenges Dr. Woherem stressed can be addressed through “a deliberate, intelligence-led, and whole-of-society approach.”

At the heart of the proposed framework, Woherem noted, is a call for intelligence-driven security operations, including the establishment of a National Counter-Insurgency and Intelligence Fusion Centre. “Security operations must be guided by accurate, actionable intelligence rather than fear-led mass actions that often harm civilians and undermine public trust,” he stated.

The paper also advocates comprehensive policing reforms, including the creation of constitutionally backed state police systems supported by a more specialized federal police structure. “Nigeria’s over-centralised policing model is structurally incapable of effectively addressing widespread criminality across such a vast and diverse country.”

Recognising the realities at the grassroots, Woherem calls for the formal regulation of community-based security groups, and noted that “ignoring vigilante groups is dangerous, and banning them outright is unrealistic,” but stressed that their roles must be clearly defined, regulated, and subject to strict oversight.

On border security, particularly in the Lake Chad Basin, the author warned that instability in neighbouring countries continues to fuel Nigeria’s insecurity. “No permanent solution is possible without deep regional cooperation,” he said, advocating an Integrated Border Management system supported by joint operations with neighbouring states.

The paper places strong emphasis on prevention through economic inclusion, youth employment, and skills development. “Jobs and income remain the most powerful tools for preventing recruitment into violent groups,” Dr. Woherem asserted, adding that immediate livelihood opportunities significantly weaken the appeal of extremist narratives.

He also called for structured deradicalisation and reintegration programmes, noting that “a humane, community-accepted process is essential for breaking cycles of violence and preventing relapse into extremism.”

Dr. Woherem further emphasised the need for governance reforms and accountability in the security sector. “Without transparency, oversight, and institutional integrity, even the best security strategies will fail,” he warned.

The white paper outlines a phased implementation plan from 2025 to 2030, beginning with intelligence fusion, pilot state police initiatives, community security registration, drone surveillance, and financial crackdowns on terror networks, before expanding into nationwide reforms and long-term consolidation.

Concluding, Dr. Woherem expressed cautious optimism about Nigeria’s future. “Nigeria can overcome this prolonged phase of insecurity,” he said, “but only through political will, coordinated institutions, and the active participation of society.”

He added that the proposed framework offers “a realistic pathway to restoring security, rebuilding public trust, and unlocking Nigeria’s vast human and economic potential.”


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REDAN Seals Landmark MoU, Validates Sytemap’s Real Estate Infrastructure

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In a market where less than 3% of land is formally registered and property fraud remains systemic, infrastructure, not apps, is becoming the defining battleground for real estate innovation.

REDAN Seals Landmark MoU, Validates Sytemap’s Real Estate Infrastructure

L-R: Ndifreke Ikokpu, COO, Sytemap, HRM Oba Akintoye Adeoye, President REDAN & Cholatte Odunlade-Akeji, Director, RightHome

That reality came into sharp focus on December 18, 2025, as the Real Estate Developers Association of Nigeria (REDAN) signed a Memorandum of Understanding (MoU) with Sytemap Technologies Limited, signaling a major industry endorsement of Sytemap’s land and real estate transaction infrastructure.

The partnership centers on RightHOME, a jointly developed digital real estate platform powered by Sytemap’s secure cloud infrastructure, mapping systems, transaction monitoring, and fraud-prevention architecture, with REDAN driving ecosystem adoption through its nationwide developer network.

Nigeria’s real estate sector processes transactions worth trillions of naira annually, yet remains heavily manual, fragmented, and vulnerable to disputes. Industry data suggests unresolved title issues alone lock up ₦36 trillion in dead capital, limiting access to finance and slowing development.

“This MoU represents a shift from fragmented digitization to coordinated infrastructure,” said Nnamdi Uba, CEO at Sytemap. “When the industry body itself aligns around shared standards, verification, and technology, innovation can finally scale responsibly.”

Under the agreement:

·       REDAN will onboard registered developers and promote adoption of the platform as a trusted digital channel.

·       Sytemap will deliver secure hosting, real-time monitoring, escrow-aligned transaction workflows, and compliance with Nigeria’s data protection regulations.

·       Joint standards will be developed for digital verification, transparency, and asset mapping.

From a technology perspective, the partnership reflects a growing consensus that solving African real estate challenges requires deep infrastructure, not surface-level marketplaces. Fraud detection, uptime reliability, auditability, and regulatory alignment, areas often overlooked in proptech, are central to Sytemap’s approach.

HRM Oba Akintoye Adeoye, representing REDAN noted, “This collaboration allows developers to operate in a system where trust is embedded, not assumed. That is critical for long-term growth.”

For the broader tech ecosystem, the MoU stands out as a rare example of industry-led validation, where a national association formally aligns with a technology provider to modernize an entire sector.

Ndifreke Ikokpu, COO at Sytemap signed on behalf of Sytemap while Cholatte Odunlade – Akeji, CEO of RightHome signed on behalf of the Special Purpose Vehicle.

As pressure mounts to unlock housing finance, attract institutional capital, and reduce transaction risk, the REDAN–Sytemap partnership positions digital land infrastructure not as an optional upgrade, but as a foundational requirement for the future of real estate in Nigeria.


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Oyedele Warns Delay in Tax Reforms Will Keep 98% of Workers Overtaxed

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Taiwo Oyedele, Chairman of the Presidential Fiscal Policy and Tax Reforms Committee, has cautioned that failure to implement Nigeria’s new tax laws by January 1, 2026, would leave the vast majority of workers and businesses at a disadvantage.

Oyedele Warns Delay in Tax Reforms Will Keep 98% of Workers Overtaxed

Taiwo Oyedele

Speaking on Channels Television’s The Morning Brief, Oyedele said postponing the reforms would mean that “the bottom 98 per cent of workers remain overtaxed,” while businesses continue to grapple with multiple taxation and miss out on exemptions.

He added that small and unprofitable enterprises would still be subject to minimum taxes, and hidden VAT charges would keep driving up the cost of essentials such as food, healthcare, and education.

His comments come amid calls by former Vice President Atiku Abubakar, Labour Party’s 2023 presidential candidate Peter Obi, and several civil society groups for a suspension of the reforms. Oyedele argued that rather than halting implementation, specific areas of concern should be identified and corrected.

“So, we need to be clear about what we are asking for,” he said. “Even if it is established that there have been substantial alterations to what the National Assembly passed, my view will be to identify those provisions… and go ahead to implement the law as passed by the NASS, while you address the issues as to how they got in there in the first place.”

Oyedele acknowledged that even the version passed by lawmakers contained sections requiring amendment, citing issues with referencing and definitions.

He also addressed controversy over alleged discrepancies between the gazetted laws and those approved by the National Assembly, noting that without access to the officially harmonised bills certified by the clerk, it was difficult to determine differences.

He pointed to Section 41(8), which initially appeared to require a 20 per cent deposit but was later excluded from the final version, stressing that some draft materials circulating in the media did not originate from the House committee. “I think we should allow them do the investigation,” he said.

President Bola Tinubu has already signed the four tax reform bills into law, describing them as the most significant overhaul of Nigeria’s tax system in decades.

The reforms — the Nigeria Tax Act, Nigeria Tax Administration Act, Nigeria Revenue Service (Establishment) Act, and Joint Revenue Board (Establishment) Act — are scheduled to take effect on January 1, 2026, under a unified Nigeria Revenue Service.


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