FG moves to appeal judgement directing it to investigate attacks on journalists
Nearly two years after a Federal High Court in Abuja ordered the Federal Government to investigate attacks on journalists and prosecute those responsible, the Attorney-General of the Federation (AGF) has approached the Court of Appeal, Abuja Division, seeking leave to appeal the judgement out of time.
The request followed the expiration of the three-month period prescribed by law for filing appeals against final court decisions.
In a motion on notice dated December 23, 2025, and filed by a counsel in the Federal Ministry of Justice, Mr A.B. Mohammed, on behalf of the AGF, the government asked the appellate court to extend the time within which it can challenge the judgement delivered on February 16, 2024, by Justice Inyang Ekwo.
Section 24(2)(a) of the Court of Appeal Act, 2004 (as amended), provides that notices of appeal in civil matters must be filed within three months of a final decision of the court.
Justice Ekwo’s judgement arose from a suit instituted on October 26, 2021, by Media Rights Agenda (MRA), through human rights lawyer, Mrs Mojirayo Ogunlana-Nkanga. The organisation alleged persistent violations of journalists’ fundamental rights to life and freedom of expression, citing the murder of several media practitioners over the decades and the failure of the Federal Government to conduct effective investigations or prosecute perpetrators.
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SolaceBase reports that among the journalists listed by MRA were the late Editor-in-Chief of Newswatch magazine, Mr. Dele Giwa, who was killed by a parcel bomb in Lagos 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), shot dead in Ibadan on March 31, 1998; and Mr. Edward Olalekan Ayo-Ojo, found dead beside his car in Lagos on June 1, 1999.
Others include Mr. Omololu Falobi, former Features Editor of The Punch and founder of Journalists Against AIDS (JAIDS), who was murdered in Lagos on October 5, 2006; Mr. Godwin Agbroko, Chairman of the Editorial Board of ThisDay newspaper, killed on December 22, 2006.
Mr Abayomi Ogundeji, an Editorial Board member of ThisDay, shot dead on August 17, 2008; and Mr Edo Sule-Ugbagwu, Judicial Correspondent of The Nation newspaper, murdered in his Lagos home on April 24, 2010.
In his ruling, Justice Ekwo held that “journalism and media practice are constitutional professions in their respective rights,” noting that they are 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.
The court granted all eight declaratory reliefs sought by the organisation, directing the Federal Government to take concrete steps to prevent attacks on journalists, investigate and prosecute perpetrators, and ensure victims have access to effective remedies.
The judge also ordered the government to raise awareness and build the capacity of law enforcement, security agencies, intelligence services and other relevant officials on laws and standards relating to the safety of journalists.
In its application before the Court of Appeal, the Federal Government stated that it was “desirous to appeal” the judgement but did not provide detailed reasons for its failure to file an appeal for over 22 months, other than requesting additional time.
An affidavit in support of the motion, deposed to by Mr Kelechi Ohaeri, a litigation officer in the Department of Civil Appeals at the Federal Ministry of Justice, Abuja, said the application was made in the interest of justice and to enable the government exercise its constitutional right of appeal.
The affidavit added that a proposed Notice of Appeal had been prepared and that the grounds of appeal were “recondite.”
In a written address, Mr. Mohammed argued that upon reviewing the judgement, the government identified errors and therefore sought 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.
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