Appeal court to issue date for fresh hearing of SERAP’s appeal against SSS’ N100m defamation judgement

The Court of Appeal in Abuja on Tuesday vacated an earlier order reserving judgement in the defamation appeal involving the Socio-Economic Rights and Accountability Project (SERAP) and two State Security Service (SSS) officers, directing that case be reschuled for fresh hearing.

Vanguard newspaper reported that the Judge Danlami Senchi-led panel of the court issued the directive during hearing into two related appeals filed by SERAP and its deputy director, Kolawole Oluwadare, against the 5 May N100 million judgement of the Federal Capital Territory (FCT) High Court in Abuja holding them liable for defaming two SSS operatives.

The appeals are marked CA/ABJ/CV/1114/2026 and CA/ABJ/CV/1105/2026.

“All the two files are hereby returned to the Presiding Justice, Abuja Division … for decision on a date for hearing of both appeals that is going to be communicated to the parties,” Mr Senchi said.

He also vacated the order reserving appeal CA/ABJ/CV/1114/2026 for judgement.

During Tuesday’s proceedings, Mr Oluwadare’s lawyer, Oluwatosin Adesioye, sought permission to amend the prayers in an application concerning additional records of appeal and an extension of time to challenge the lower court’s decision.

But Mr Senchi said the court was “finding it difficult to grant the prayers” and advised the lawyer to refine the application.

Mr Adesioye subsequently withdrew it, and the court struck it out without objection from the respondents.

International groups withdraw applications

The court also considered applications by Columbia University, the United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association, and the Southern Africa Litigation Centre to participate in the appeal as amici curiae, or friends of the court.

Lawyer for the applicants said the case raised questions about constitutional and fundamental rights with implications beyond Nigeria.

Mr Senchi noted that the applicants were not parties to the original suit and that their participation was subject to the court’s discretion. After he indicated that their involvement was not considered necessary, the applicants withdrew their applications.

The court struck out the applications without objection from SERAP or the respondents.

The presiding justice of the Abuja Division of the Court of Appeal is to determine a fresh hearing date for both appeals and communicate it to the parties.

The defamation suit

In the judgement being challeged on appeal, Judge Yusuf Halilu of the FCT High Court awarded N100 million in damages against SERAP and Mr Oluwadare in favour of two SSS officers, Sarah John and Gabriel Ogundele, for defamation.

The suit arose from publications SERAP made on its website and X account on 9 September 2024, alleging that DSS operatives had invaded its Abuja office and harassed a staff member.

The trial court held that the publications were defamatory. It also ordered the defendants to publish apologies in two national newspapers, on two television stations and on SERAP’s website.

The court awarded N1 million in litigation costs and imposed 10 per cent annual interest on the judgment sum until payment.

SERAP and Mr Oluwadare are asking the Court of Appeal to overturn the decision.

Their lawyer, Tayo Oyetibo, a Senior Advocate of Nigeria (SAN), challenged the trial court’s jurisdiction and questioned the identification of one of the claimants.

Mr Oyetibo argued that the judgement was in favour of Sarah John in respect of a person identified as Sarah David.

He also questioned how the claimant’s identity was established through a description of a “tall, large, dark-skinned” woman without a photograph.

He urged the appellate court to set aside the judgement.

But O. S. Kehinde, lawyer to the first and second respondents, urged the court to dismiss the appeal.

He argued that SERAP had not established that Sarah John and Sarah David were different people and that the issue had not been raised before the trial court.

On identification, Mr Kehinde stated that a publication did not have to name a person expressly to be defamatory if people who knew the person could identify them from the description.

He added that a claimant’s witness had testified that the officers could be identified from the descriptions in the publications.

Lawyer for the third respondent did not address the court.

READ ALSO: Appeal court reschedules SERAP’s appeals against SSS N100m defamation judgement

Deputy director explains SERAP’s statement

During the trial, Mr Oluwadare testified that SSS operatives entered SERAP’s Abuja office, prompting the organisation to issue a public statement.

He said staff members, including a front-desk officer, a security guard and a lawyer, had reported the operatives’ presence.

Under cross-examination, he acknowledged that no one had been physically assaulted and no doors had been damaged.

He maintained that the manner in which the operatives entered the premises and their use of unmarked vehicles prompted the organisation’s statement.

He also noted that SERAP had CCTV footage of the incident and rejected the suggestion that the organisation existed merely to criticise the government.

He stated that its work focused on promoting and protecting human rights.