The Federal Government of Nigeria has taken fresh legal action by approaching the Court of Appeal in Abuja to overturn a landmark judgment that ordered the reopening of the investigation into the murder of Dele Giwa, one of Nigeria’s most iconic journalists. This development marks a significant escalation in a long‑standing legal and historical saga that touches on justice, accountability, press freedom, and the rule of law in the country.
Why the FG Is Appealing: Legal Strategy After Judgment
The Federal Government, represented by the Attorney‑General of the Federation (AGF), has filed a motion seeking an extension of time to appeal the February 16, 2024, Federal High Court judgment delivered by Justice Inyang Ekwo. The reason? The statutory 90‑day window normally allowed for filing appeals under Nigerian law has expired, necessitating leave from the appellate court to file out of time.
In the motion on notice filed on December 23, 2025, counsel to the AGF, A.B. Mohammed, asked the Court of Appeal to grant the government leave to appeal despite missing the statutory appeal period. The affidavit in support was sworn by Kelechi Ohaeri, a litigation officer in the Civil Appeals Department of the Federal Ministry of Justice, who stated that the extension is required “in the interest of justice” and to protect the constitutional right of the government to appeal.
At the time of reporting, the Court of Appeal has yet to fix a hearing date for the government’s application.
The 2024 Federal High Court Judgment: A Judicial Mandate for Justice
The federal high court judgment that the government now seeks to challenge was handed down in February 2024 in response to a suit filed by the Incorporated Trustees of Media Rights Agenda (MRA), a prominent civil society organization advocating for press freedom and media rights in Nigeria.
In its ruling, the court ordered the federal government to:
Reopen investigations into Dele Giwa’s murder from 1986.
Investigate, prosecute, and punish perpetrators of attacks against journalists and media practitioners.
Take measures to prevent further crimes against members of the press.
Build capacity and raise awareness among security, law enforcement, and related stakeholders on laws protecting journalists.
Justice Ekwo held that the killings of journalists violated their constitutional right to life under Section 33 of the 1999 Constitution and international human rights instruments, reinforcing the obligation of the government to act.
Who Was Dele Giwa? Historical Context of the Murder
Dele Giwa—born Sumonu Oladele Giwa on March 16, 1947—was a towering figure in Nigerian journalism. He was the founding Editor‑in‑Chief of Newswatch Magazine, a groundbreaking news publication that set the pace for investigative journalism in the country.
On October 19, 1986, Giwa was killed by a parcel bomb delivered to his home in Ikeja, Lagos. The circumstances surrounding the assassination have remained controversial and unresolved for nearly four decades, leading to endless speculation, lawsuits, and public debate about state involvement or negligence in the investigation.
In the years following Giwa’s death, prominent lawyer and activist Gani Fawehinmi pursued legal action against the government, seeking to prosecute suspects and reopen the case. Some of these efforts included appeals to higher courts, including a landmark Supreme Court decision in the late 1980s that affirmed Fawehinmi’s standing as a private prosecutor—though no definitive criminal convictions ever resulted.
Other Journalists Named in the Case
The 2024 court judgment did not solely focus on Dele Giwa. It also highlighted unresolved murders of several Nigerian journalists whose killings remain “cold cases,” including:
Bolade Fasisi (National Association of Women Journalists), killed on March 31, 1998.
Edward Olalekan (Daily Times), murdered on June 1, 1999.
Godwin Agbroko (ThisDay), killed on December 22, 1999.
Omololu Falobi (The Punch), murdered on October 5, 2006.
Abayomi Ogundeji (ThisDay), killed on August 17, 2008.
Edo Sule‑Ugbagwu (The Nation), murdered on April 24, 2010.
These names form part of an affidavit submitted in the appeal application, underscoring systemic failures to resolve crimes against journalists and drawing public attention to media safety concerns in Nigeria.
Legal Implications and Constitutional Rights
Under Nigerian law, after a final decision by a Federal High Court, parties have 90 days to file an appeal to the Court of Appeal. If that period expires, a party must seek leave (permission) from the appellate court to file the appeal out of time. The government’s application emphasizes that this extension is necessary “in the interest of justice.”
Critics argue that the government’s delay—nearly 22 months since the original 2024 judgment without filing any appeal—raises questions about commitment to justice and adherence to court orders. Indeed, reports suggest the government did not explain why it waited so long before seeking to file out of time, other than stating it needs time to appeal.
Why This Matters: Press Freedom and Rule of Law
The judicial demand to reopen the Dele Giwa murder probe is more than a legal technicality—it symbolizes an enduring struggle for accountability and protection of journalists in Nigeria. Press freedom advocates have long criticized impunity for crimes against media workers, arguing that unresolved killings embolden further attacks on free expression and undermine constitutional rights.
The fact that the judgment also encompasses other journalists’ unresolved murders further heightens the stakes; it highlights persistent gaps in investigations of crimes against media practitioners over decades. Civil society organizations, including Media Rights Agenda, have welcomed the court order as a victory for fundamental rights and legal redress.
What Happens Next? Court of Appeal Decision Pending
At present, the Court of Appeal in Abuja is expected to determine whether the Federal Government will be allowed to appeal out of time. Should the court grant the extension, the case will proceed to examine the merits of the appeal challenging the 2024 Federal High Court ruling. If the motion is denied, the original judgment will remain binding, compelling the government to implement its orders.
Ultimately, the outcome of this legal confrontation will influence not only the fate of Giwa’s murder investigation but also wider debates on government accountability, judicial independence, and protections for journalists in Nigeria.
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