The Federal Government has asked the Court of Appeal in Abuja for permission to appeal a 2024 judgment that ordered it to investigate, prosecute and punish perpetrators of attacks against journalists and other media practitioners across the country.
Nearly two years after the ruling was delivered, the Attorney-General of the Federation filed a motion seeking an extension of time to appeal the decision of the Federal High Court, Abuja, on the grounds that the statutory three-month period for filing an appeal has elapsed.
The application, dated December 23, 2025, was filed by a counsel in the Federal Ministry of Justice, Mr. A. B. Mohammed, in respect of the judgment delivered on February 16, 2024, by Justice Inyang Ekwo.
Under Section 24(2)(a) of the Court of Appeal Act, 2004 (as amended), a notice of appeal against a final decision in a civil matter must be filed within three months. The Federal Government is therefore seeking the court’s discretion to allow it to appeal out of time.
Justice Ekwo’s judgment arose from a suit instituted on October 26, 2021, by Media Rights Agenda (MRA), through human rights lawyer Mrs. Mojirayo Ogunlana-Nkanga. The organization alleged persistent violations of the fundamental rights to life and freedom of expression of Nigerian journalists who were murdered in the course of their professional duties, as well as the failure of the Federal Government to protect journalists and ensure effective investigation and prosecution of such crimes.
In the suit, MRA cited several murdered journalists, including the late Editor-in-Chief of Newswatch magazine, Dele Giwa, who was killed by a parcel bomb in Lagos on October 19, 1986; Bolade Fasasi, a member of the National Association of Women Journalists, who was shot dead in Ibadan on March 31, 1998; Edward Olalekan Ayo-Ojo, found dead beside his car in Lagos on June 1, 1999; and Omololu Falobi, former features editor of The Punch and founder of Journalists Against AIDS, who was gunned down in Lagos on October 5, 2006.
Others named include Godwin Agbroko, Chairman of the Editorial Board of ThisDay newspaper, murdered on December 22, 2006; Abayomi Ogundeji, a member of ThisDay’s Editorial Board, shot dead on August 17, 2008; and Edo Sule-Ugbagwu, judicial correspondent of The Nation newspaper, killed in his Lagos home on April 24, 2010.
In his ruling, Justice Ekwo held that journalism and media practice are “constitutional professions,” grounded in the rights guaranteed under Section 39(1) and (2) of the 1999 Constitution. He ruled that MRA had established its case with credible evidence and granted all eight declaratory reliefs sought by the organization.
The court ordered the Federal Government to take concrete measures to prevent attacks on journalists, investigate and prosecute perpetrators, ensure effective remedies for victims, and build the capacity of law enforcement, security agencies and other relevant officials on standards for the protection of journalists.
In its application before the Court of Appeal, the Federal Government stated that it is “desirous to appeal” the judgment but did not provide a detailed explanation for the delay of more than 22 months in filing the appeal, beyond requesting additional time.
An affidavit in support of the motion, sworn to by Mr. Kelechi Ohaeri, a litigation officer in the Department of Civil Appeals at the Federal Ministry of Justice, argued that the application was made in the interest of justice and in furtherance of the Government’s constitutional right to appeal. He said a proposed notice of appeal had been prepared and described the grounds of appeal as “recondite.”
In a written address, Mr. Mohammed contended that, upon reviewing the judgment, the Government identified errors and therefore seeks to exercise its right of appeal under Section 243 of the 1999 Constitution, as amended.
No date has yet been fixed for the hearing of the motion.