Court of Appeal Stalls SERAP’s ₦101m Defamation Appeals Over Late Filing

The Court of Appeal in Abuja has adjourned hearing in appeals filed by the Socio-Economic Rights and Accountability Project (SERAP) and its Deputy Director, Kolawole Oluwadare, over a ₦101 million defamation judgment, following the late filing of one of the appellants’ briefs.

The court, on Friday, adjourned the hearing of the two appeals until October 13 after Oluwadare’s lawyer, Hannah Ayanwale, informed the justices that her client’s appeal was not ready for hearing because his brief had only been filed on Thursday and served on the respondents on Friday morning.

The appeals challenge a May 5 judgment of the High Court of the Federal Capital Territory, which found SERAP and Oluwadare liable for defaming two officials of the Department of State Services (DSS), Sarah John and Gabriel Ogundele.

The officials had accused the human rights organisation and its deputy director of publishing false claims on September 10, 2024, alleging that DSS officials invaded SERAP’s Abuja office the previous day and harassed its personnel.

At Friday’s proceedings, a three-member panel of the appellate court, presided over by Justice Danlami Senchi, had commenced hearing the appeal filed by SERAP, marked CA/ABJ/CV/1114/2026.

However, when the second appeal, marked CA/ABJ/CV/1105/2026 and filed by Oluwadare, was called, Ayanwale told the court that it was not ripe for hearing because the appellant’s brief had been filed only the previous day.

She also disclosed that the respondents were served with the brief on Friday morning, shortly before the court commenced sitting.

The disclosure reportedly displeased the justices, who expressed concern that the lawyer had failed to notify the court earlier that Oluwadare’s appeal, which arose from the same judgment as SERAP’s, was not ready for hearing.

The court subsequently decided to set aside the proceedings already conducted in SERAP’s appeal, ruling that the two related appeals should be heard together because they emanated from the same judgment.

It adjourned both appeals until October 13 and directed the respondents to file their briefs by October 12. The appellant was also directed to file a reply brief before the next hearing.

Why SERAP Was Ordered to Pay ₦101m

The appeals stem from a suit marked CV/4547/2024, filed by the two DSS officials, who alleged that publications on SERAP’s website and social media platforms falsely accused them of invading the organisation’s Abuja office and subjecting its personnel to harassment.

In his May 5 judgment, Justice Halilu Yusuf of the High Court of the FCT held that the claimants had presented sufficient evidence to establish the elements of defamation.

The judge rejected the defence of justification raised by SERAP and Oluwadare, ruling that they failed to provide evidence to substantiate their publications.

According to the judgment, the defendants used terms such as “invasion,” “forceful entry” and “harassment” inaccurately, having admitted during the trial that the DSS officials did not forcefully enter SERAP’s premises or brandish weapons.

Justice Yusuf held that the publications had damaged the claimants’ reputations in their professional capacities and standing in society.

“Having been unable to establish invasion and harassment, the defence of justification fails. There is no doubt that the publication affected the claimants mentally and psychologically,” the judge said.

He stressed the need for SERAP and its officials to exercise caution and due diligence before disseminating information to the public.

The judge added that while the defendants had the right to publish information on social media, they were also required to respect the rights of others, particularly government agencies and their officials.

Justice Yusuf also dismissed the defendants’ objection to the competence of the suit, holding that the claimants had the legal standing to institute the action and that the court had jurisdiction to entertain it.

He further ruled that the individuals affected by an allegedly defamatory publication did not necessarily have to be named in the publication for defamation to be established.

The judge noted that despite the claimants’ complaints about the inaccuracies in the publications, the defendants failed to take steps to remove the allegedly injurious content.

Consequently, the court awarded ₦100 million in damages against SERAP and Oluwadare, in addition to ₦1 million as litigation costs.

It also ordered them to publish a public apology on SERAP’s website, its X account, two national newspapers and two television stations.

The judgment further stipulated that the total sum would attract annual interest of 10 per cent from the date of delivery until full payment.

The Court of Appeal is expected to resume hearing of the two appeals on October 13.