FG Seeks Court of Appeal’s Permission to Challenge Judgment Ordering Probe of Attacks on Journalists

“The Federal Government has asked the Court of Appeal for permission to challenge a judgment ordering it to investigate and prosecute attacks on journalists, nearly two years after the appeal deadline expired.”

The Federal Government has approached the Court of Appeal in Abuja, seeking permission to challenge a landmark judgment that directed it to investigate, prosecute, and punish perpetrators of attacks against journalists and other media practitioners across the country.

The move comes nearly two years after the Federal High Court, Abuja, delivered the judgment, despite the expiration of the three-month period prescribed by law for filing an appeal.

In a motion on notice filed on December 23, 2025, by Mr. A. B. Mohammed, counsel from the Federal Ministry of Justice, on behalf of the Attorney-General of the Federation, the government is requesting an extension of time within which to appeal the judgment delivered by Justice Inyang Ekwo on February 16, 2024.
The application relies on Section 24(2)(a) of the Court of Appeal Act, 2004 (as amended), which provides that a notice of appeal in a civil matter against a final decision must be filed within three months.

Justice Ekwo’s ruling arose from a suit instituted on October 26, 2021, by Media Rights Agenda (MRA), through its counsel, human rights lawyer Mrs. Mojirayo Ogunlana-Nkanga. MRA alleged persistent violations of the fundamental rights to life and freedom of expression of journalists who were killed in the course of their professional duties, as well as the Federal Government’s failure to protect media practitioners or conduct effective investigations into the killings.

Among the murdered journalists cited in the suit were the late Editor-in-Chief of Newswatch magazine, Mr. Dele Giwa, who was killed by a parcel bomb at his Lagos residence 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 unidentified gunmen in Ibadan on March 31, 1998; and Mr. Edward Olalekan Ayo-Ojo, found dead beside his vehicle in Lagos on June 1, 1999.

Others included Mr. Omololu Falobi, former Features Editor of The Punch and founder of Journalists Against AIDS (JAIDS), who was killed in Lagos on October 5, 2006; Mr. Godwin Agbroko, Chairman of the Editorial Board of ThisDay newspaper, murdered on December 22, 2006; Mr. Abayomi Ogundeji, also of ThisDay, who was shot dead on August 17, 2008; and Mr. Edo Sule-Ugbagwu, Judicial Correspondent of The Nation, murdered 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,” noting that they derive legitimacy from Section 39(1) and (2) of the 1999 Constitution. The court ruled that MRA had “established its case by credible evidence.”

Consequently, the judge granted eight declaratory reliefs and ordered the Federal Government to take concrete steps to prevent attacks on journalists, investigate and prosecute perpetrators, ensure access to effective remedies for victims, and build the capacity of law enforcement, security agencies, intelligence services, and other relevant stakeholders 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 offered no detailed explanation for its failure to file an appeal within the statutory period, aside from 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 granting the application would serve the interest of justice and uphold the government’s constitutional right of appeal.

The government further claimed that the proposed grounds of appeal are “recondite” and raise substantial legal issues. In his written address, Mr. Mohammed said the government identified errors in the judgment after reviewing it and now 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 application.