Almost two years after the Federal High Court in Abuja directed the Federal Government to investigate, prosecute, and punish those responsible for attacks on journalists and other media professionals—and to take steps to prevent further incidents—the Attorney-General of the Federation is now requesting the Court of Appeal in Abuja to permit the Government to file
Almost two years after the Federal High Court in Abuja directed the Federal Government to investigate, prosecute, and punish those responsible for attacks on journalists and other media professionals—and to take steps to prevent further incidents—the Attorney-General of the Federation is now requesting the Court of Appeal in Abuja to permit the Government to file an appeal. The government needs an extension because the three-month legal window for lodging appeals has already expired.
On December 23, 2025, Mr A.B. Mohammed of the Federal Ministry of Justice filed a motion for the Attorney-General requesting the Court of Appeal to extend the deadline to appeal Justice Inyang Ekwo’s February 16, 2024, judgement from the Federal High Court.
Section 24(2)(a) of the Court of Appeal Act, 2004 (as amended), states that notice of appeal or application for leave to appeal in civil cases must be given within three months after a final court decision.
Justice Ekwo’s judgment followed a suit filed by Media Rights Agenda (MRA), represented by Mrs Mojirayo Ogunlana-Nkanga, on October 26, 2021. The suit addressed violations of Nigerian journalists’ rights to life and freedom of expression due to murders connected with their work and criticised the Federal Government for failing to protect, investigate, prosecute, or punish those responsible.
MRA provided the names of several murdered journalists, including Mr. Dele Giwa, the late Editor-in-Chief of Newswatch magazine, who was killed by a parcel bomb at his Lagos home on October 19, 1986; Ms. Bolade Fasasi, a member of the National Association of Women Journalists and former treasurer of the Nigeria Union of Journalists (NUJ), who was shot dead by three unidentified gunmen in Ibadan on March 31, 1998; Mr. Edward Olalekan Ayo-Ojo, who was found dead next to his car on a Lagos road in the early hours of June 1, 1999; and Mr. Omololu Falobi, a former features editor at The Punch and founder of the media advocacy group Journalists Against AIDS (JAIDS), who was fatally shot in Lagos on October 5, 2006, as he returned home from work.
Other journalists listed by MRA include Mr. Godwin Agbroko, Editorial Board Chairman at This Day newspaper, killed by unidentified gunmen on December 22, 2006; Mr. Abayomi Ogundeji, Editorial Board member at This Day, shot dead on August 17, 2008; and Mr. Edo Sule-Ugbagwu, Judicial Correspondent at The Nation, murdered by armed men in his Lagos home on April 24, 2010.
In his February 2024 judgment, Justice Ekwo held that “journalism and media practice are constitutional professions in their respective rights,” as it is the exercise of the rights provided for in Section 39(1) and (2) of the 1999 Constitution that gives a foundation for journalism and media practice, and ruled that MRA had “established its case by credible evidence.”
The judge therefore issued eight declaratory reliefs sought by MRA and directed the Federal Government to take measures to prevent attacks on journalists and other media practitioners; investigate, prosecute and punish perpetrators of all attacks against journalists; and ensure that all victims of attacks against journalists have access to effective remedies. He ordered the government to take measures to raise awareness and build the capacities of various stakeholders, including law enforcement, security, intelligence, military, and other officials, on the laws and standards for ensuring the safety of journalists and media practitioners.
Stating the grounds upon which the application was made, the Federal Government said in its motion paper that it is “desirous to appeal” the judgement, but it did not explain why it has not lodged any appeal for over 22 months, except to say that it needs time to appeal.
In an affidavit in support of the motion, Mr Kelechi Ohaeri, a litigation officer in the Department of Civil Appeals at the Federal Ministry of Justice in Abuja, said the application is necessary in the interest of justice and in furtherance of the government’s constitutional right to appeal.
He explained that the government had prepared a proposed Notice of Appeal, which sets out the grounds of appeal, and claimed that the grounds of appeal contained in the proposed notice are recondite.
In his written address, Mr. Mohammed said, “upon a consideration of the judgment” delivered by Justice Ekwo, the Government has discovered errors and therefore wishes to exercise its constitutional right of appeal as guaranteed by Section 243 of the 1999 Constitution, as amended.
No date has been fixed for the hearing of the motion.
