ECOWAS court declares internet access a right, awards journalist N10m against FG

A Landmark Ruling for Digital Rights

The Community Court of Justice of the Economic Community of West African States (ECOWAS) has declared access to the internet a fundamental right, inextricably linked to freedom of expression and access to information. In a significant legal victory for media practitioners, the court also awarded N10 million in damages to a journalist who challenged rights violations by the Federal Government of Nigeria.

Highlighting the decision in the August 2026 edition of the Media Rights Monitor, the Media Rights Agenda (MRA) noted that the court recognized internet access as essential for meaningful participation in modern society. The judgment is expected to have far-reaching implications for West African governments, particularly regarding the use of internet shutdowns, digital communication restrictions, and other measures that limit online access.

Global Standards and AI Governance

Parallel to the regional court's ruling, the United Nations Human Rights Council has adopted a landmark resolution urging governments to end the use of imprisonment or disproportionate fines for media-related offences. The resolution specifically calls for the protection of journalists and human rights defenders by ensuring that defamation and libel laws are not misused as tools for censorship.

In Nigeria, the focus has also shifted toward the ethical governance of emerging technologies. Edetaen Ojo, the Executive Director of Media Rights Agenda, has called for an inclusive approach to Artificial Intelligence (AI) that prioritizes human rights and regional cooperation.

It is of utmost importance that technological progress in Nigeria does not come at the expense of human rights, including freedom of expression, privacy and other fundamental rights.

— Edetaen Ojo, Executive Director, Media Rights Agenda

Ojo emphasized the need for a Pan-African strategy to influence global AI negotiations, arguing that the continent must speak with a coordinated voice to safeguard African priorities and democratic values.

It is imperative that Africa speaks with a coordinated voice in global AI governance negotiations to be able to have an impact.

— Edetaen Ojo, Executive Director, Media Rights Agenda

Regulatory Conflicts and Press Safety

Domestic regulatory battles continue as the National Broadcasting Commission (NBC) seeks to overturn a Federal High Court judgment that restrained it from imposing fines on broadcast stations. The NBC recently approached the Court of Appeal in Abuja for permission to file a fresh appeal, claiming the current restriction threatens the "sanity" of broadcasting regulation in Nigeria. This follows an earlier attempt in June 2026 which the appellate court dismissed as fundamentally defective.

Safety concerns for journalists also remain high following the alleged assault on Sunday Michael Ogwu, Editor of Pinnacle Daily, by police officers in Abuja on August 19, 2026. The Coalition for Whistleblower Protection and Press Freedom (CWPPF) has demanded a transparent investigation by the Inspector-General of Police, Mr. Tunji Disu. Stakeholders across West Africa are simultaneously calling for an end to unlawful surveillance and the restoration of judicial oversight to protect journalists' communications.

International Scrutiny and Future Outlook

Nigeria's governance record has come under scrutiny from the Human Rights Foundation’s Tyranny Tracker, which recently characterized the country as a "hybrid authoritarian regime." The report cited a lack of meaningful checks on executive power, alongside endemic corruption and multidimensional insecurity, as major hurdles to democratic stability.

Despite these challenges, efforts toward digital inclusion are progressing through a new partnership between the National Information Technology Development Agency (NITDA) and the Nigeria Association of Women Journalists (NAWOJ). Looking ahead, the region will participate in several major international forums:

• Broadcasters and media executives will meet in Accra, Ghana, on September 22-23, 2026, to discuss AI and cloud computing.
• Investigative Reporters and Editors (IRE) will host AccessFest from October 8-10, 2026.
• The 14th edition of Privacy Camp is scheduled for October 13, 2026, in Brussels.
• Global Legislative Openness Week (GLOW) will take place from November 16-20, 2026.

The ECOWAS Court's recognition of internet access as a right remains the most pivotal of these developments, providing a robust legal framework for citizens to challenge digital repression in the coming years.