ECOWAS Court: Internet Access a Human Right in Nigeria

• The ECOWAS Community Court of Justice ruled that internet access is a human right, integral to freedom of expression and information.
• This judgment arose from a suit filed by Nigerian journalist Jide Oyekunle, who alleged police assault, phone seizure, and detention while covering a protest on August 1, 2024.
• The Court emphasized the internet's crucial role in improving public access to news and facilitating information dissemination.
• The ruling aligns with the UN Human Rights Council Resolution 26/13, which affirms that offline human rights, especially freedom of expression, apply equally online.
• This decision sets a significant digital rights West Africa precedent, providing a legal basis to challenge restrictions on internet access and protect journalist rights.

This landmark ruling by the ECOWAS Community Court of Justice establishes internet access as a fundamental human right, inextricably linked to freedom of expression, and sets a significant precedent for digital rights across West Africa.

The ECOWAS Community Court of Justice has issued a landmark ruling, declaring that internet access constitutes a fundamental human right, intrinsically tied to the broader right to freedom of expression. This pivotal decision, delivered in the case of Jide Oyekunle v. Nigeria, underscores the internet's essential role in facilitating access to information and the exercise of numerous other related human rights. The Court specifically highlighted the internet's capacity to store and communicate vast amounts of information, thereby improving public access to news and generally aiding the dissemination of information.

The judgment arose from a suit filed on June 13, 2025, by Mr. Jide Oyekunle, a journalist then serving as Chairman of the Nigeria Union of Journalists (NUJ), FCT Correspondents Chapel, based in Abuja, and affiliated with the Independent newspaper. Represented by his lawyer, Mr. Collins Maidoh-Anene, Oyekunle alleged that his human rights were violated on August 1, 2024, while he was covering a peaceful protest. He claimed that police officers fired tear gas at demonstrators and subsequently attacked and assaulted him as he sought refuge. During the incident, his mobile phone was seized, his camera was damaged, and he was informed he lacked authorization to live record the event.

Oyekunle further stated he was detained for approximately eight hours on charges of invasion of property and participation in an illegal assembly, before being released following the intervention of Josephine Adeh, spokesperson for the FCT Police Command. The Federal Government of Nigeria, represented by Mrs. Maimuna Lami Shiru, vehemently denied Mr. Oyekunle's allegations. The government asserted that police officers did not act aggressively or violate any rights during the "End Bad Governance" protest. Instead, it characterized the journalist as a "violent protester" who defied police orders aimed at restricting access to the Three Arms Zone. The government maintained that Oyekunle was "legally detained" but promptly released upon identifying himself, without any infringement of his rights. Furthermore, it claimed that no officer of the Nigerian Police Force or government agent had injured or attacked anyone in the performance of their legal duties, and that all investigations, arrests, and proceedings were conducted in accordance with national and international laws.

The ECOWAS Court's pronouncement on internet access as a right within freedom of expression is not an isolated decision but builds upon established jurisprudence. The Court explicitly stated that this understanding had informed its judgments in two prior cases: Association Desblogueurs de Guinue (Ablogui) & ors v. The State of Guinea, and Amnesty International Togo & ors v. Republic of Togo. These earlier rulings, alongside the Jide Oyekunle v Nigeria judgment, collectively strengthen the legal framework for digital rights across West Africa, establishing a significant ECOWAS freedom of expression internet precedent.

This judicial stance is further bolstered by international human rights instruments and resolutions. The Court's jurisprudence aligns with the provisions of the United Nations Human Rights Council Resolution 26/13, which focuses on the promotion, protection, and enjoyment of human rights on the Internet. This resolution unequivocally states that the "same rights that people have offline must also be protected online," particularly emphasizing freedom of expression. It clarifies that this right is applicable universally, regardless of frontiers and through any chosen media, in accordance with Article 19 of both the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. This international backing provides a robust foundation for challenging actions like internet shutdowns or restrictions, reinforcing the principle of internet access human right Nigeria.

This landmark ruling by the ECOWAS Community Court of Justice establishes internet access as a fundamental human right, inextricably linked to freedom of expression, and sets a significant precedent for digital rights across West Africa. The judgment in Jide Oyekunle v. Nigeria carries profound implications for citizens and governments alike, particularly in regions where internet access may be restricted or threatened. It provides a powerful legal tool for challenging arbitrary Nigeria internet shutdown legality and other forms of digital censorship, reinforcing the principle that online freedoms are as vital as offline liberties.

Beyond the broad implications for digital rights, this decision also significantly impacts journalist rights in Nigeria and across the ECOWAS bloc. The Court's acknowledgment of the internet's role in news dissemination and the context of Oyekunle's alleged police assault underscores the importance of protecting media professionals covering public events. This ruling can be leveraged to advocate for greater protection for journalists against harassment, arbitrary detention, and interference with their equipment, ensuring they can perform their duties without fear of reprisal, thereby strengthening media freedom and accountability in the region.

This landmark ECOWAS Court ruling establishes internet access as a fundamental human right tied to freedom of expression, setting a significant precedent across West Africa. Lawyers should leverage this judgment when challenging state actions that restrict digital access or advising clients on media freedom and digital rights compliance within the region.

Source: Original reporting via mediarightsagenda.org