Nearly two years after a Federal High Court in Abuja ordered the Federal Government to investigate, prosecute and punish perpetrators of attacks against journalists and other media practitioners, the Attorney-General of the Federation has asked the Court of Appeal in Abuja for permission to appeal the judgment out of time.

Media Rights Agenda (MRA) which advocates for press freedom stated that Government is seeking an order extending the time within which it can appeal the judgment delivered by Justice Inyang Ekwo on February 16, 2024.

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It said the government is pursuing an appeal against the judgment through a motion on notice filed on December 23, 2025, by counsel in the Federal Ministry of Justice, Mr. A. B. Mohammed; adding that the application follows the expiration of the three-month period prescribed by law for filing appeals.

Section 24(2)(a) of the Court of Appeal Act, 2004 (as amended), provides that a notice of appeal or application for leave to appeal in a civil matter must be filed within three months where the appeal is against a final decision of the court.

Justice Ekwo’s judgment arose from a suit filed on October 26, 2021, on behalf of Media Rights Agenda (MRA) by human rights lawyer, Mrs. Mojirayo Ogunlana-Nkanga. In the suit, MRA complained of violations of the fundamental rights to life and freedom of expression of journalists and media practitioners who were murdered over several decades in the course of their professional duties. The organisation also challenged the Federal Government’s alleged failure to protect journalists and to conduct effective investigations, prosecutions and punishment of those responsible for the killings.

Among the journalists named 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 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 in Ibadan on March 31, 1998; Mr. Edward Olalekan Ayo-Ojo, found dead beside his car in Lagos on June 1, 1999; and Mr. Omololu Falobi, former features editor of The Punch and founder of Journalists Against AIDS (JAIDS), who was gunned down in Lagos on October 5, 2006.

Other journalists listed include Mr. Godwin Agbroko, Chairman of the Editorial Board of ThisDay newspaper, murdered on December 22, 2006; Mr. Abayomi Ogundeji, a member of the ThisDay Editorial Board, shot dead on August 17, 2008; and Mr. Edo Sule-Ugbagwu, judicial correspondent of The Nation newspaper, who was 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 are founded on the exercise of rights guaranteed under Section 39(1) and (2) of the 1999 Constitution. He ruled that MRA had “established its case by credible evidence.”

The court granted eight declaratory reliefs sought by MRA and directed the Federal Government to take steps to prevent attacks on journalists; investigate, prosecute and punish perpetrators; and ensure victims have access to effective remedies. The judgment also ordered the Government to raise awareness and build the capacity of law enforcement, security agencies, intelligence services, the military and other relevant officials on laws and standards for protecting journalists and media practitioners.

In its motion seeking an extension of time to appeal, the Federal Government stated that it is “desirous to appeal” the judgment but did not explain why it failed to lodge an appeal for more than 22 months, aside from requesting additional time.

In an affidavit supporting the application, Mr. Kelechi Ohaeri, a litigation officer in the Department of Civil Appeals at the Federal Ministry of Justice, said the request was made in the interest of justice and in furtherance of the Government’s constitutional right to appeal. He stated that a proposed notice of appeal had already been prepared and described the grounds of appeal as recondite.

In his written address, Mr. Mohammed argued that upon reviewing Justice Ekwo’s judgment, the Government identified errors and now seeks to exercise its right of appeal under Section 243 of the 1999 Constitution, as amended.

No date has been fixed for the hearing of the motion.