₦101m Judgment Debt: SERAP Appeal Suffers Setback as Court Returns Case Files

The Court of Appeal in Abuja has returned the case files in appeals filed by the Socio-Economic Rights and Accountability Project (SERAP) and its deputy director, Kolawole Oluwadare, over a ₦101 million defamation judgment in favour of two operatives of the Department of State Services (DSS).

The development occurred on Tuesday, October 13, after a three-member panel led by Justice Danlami Senchi encountered difficulties proceeding with the related appeals. The panel directed that the files be returned to the President of the Court of Appeal for a decision on a new hearing date.

The setback followed a series of procedural difficulties involving the appeals, including an application by counsel in Oluwadare’s case seeking additional time to amend the reliefs and file further records. The application was subsequently withdrawn, but the panel said the time available to it might not be sufficient to conclude both matters.

The panel consequently vacated the date previously reserved for judgment in SERAP’s appeal and ordered the return of both case files for reassignment. The development does not amount to a final determination of SERAP’s challenge to the underlying judgment.

The proceedings also featured applications by Columbia University’s Global Freedom of Expression initiative, United Nations special rapporteurs and the Southern Africa Litigation Centre seeking permission to participate as amici curiae; a legal term meaning “friends of the court” who offer independent assistance on issues before a court.

According to reports from the proceedings, the applicants withdrew their applications after Justice Senchi indicated that the panel had not invited them to assist in the case and saw no need for their intervention. The court subsequently declined to admit their submissions.

The dispute stems from a judgment delivered on May 5, 2026, by Justice Yusuf Halilu of the High Court of the Federal Capital Territory, which awarded ₦100 million in damages against SERAP and Oluwadare over publications concerning an alleged visit by DSS operatives to the organisation’s Abuja office in September 2024.

The two DSS officials, Sarah John and Gabriel Ogundele, had accused SERAP and its deputy director of defamation over statements published on the organisation’s website and social media platforms alleging that DSS personnel had entered its office and harassed staff.

The lower court ruled in favour of the officials and awarded ₦100 million in damages, alongside ₦1 million in litigation costs. It also ordered the defendants to publish apologies through specified media outlets and directed that the judgment sum attract annual interest of 10 per cent until payment.

SERAP and Oluwadare have challenged the ruling, seeking to have it set aside. During the appeal proceedings, SERAP’s lead counsel, Tayo Oyetibo, SAN, questioned the basis for identifying one of the claimants with a person described in the disputed publication, while counsel for the DSS officials urged the court to uphold the lower court’s decision.

Tayo Oyetibo, SAN

The latest development leaves the appeals awaiting further directions from the Court of Appeal. The underlying defamation judgment remains the subject of the appellants’ challenge.