*Panel returns file to presiding justice
Alex Enumah in Abuja
Hearing in the appeal by the Incorporated Trustees of the Socio-economic Rights and Accountability Project (SERAP), against a N100 million judgment debt, for the second time in less than one week failed to proceed as scheduled.
Recall that SERAP and a Deputy Director, kolawole Ogundare, are in two separate appeals challenging the May 5 judgment of a High Court of the Federal Capital Territory (FCT), which found them guilty of defamatory publication against the Department of State Service (DSS) and two of its officials.
However, hearing in the appeals was bungled owing to some complications surrounding some applications brought by Ogundare’s lawyer.
While the appeal filed by the Non-Governmental Organization is marked: CA/ABJ/CV/1114/2026, that of the deputy director is marked: CA/ABJ/CV/1105/2026.
Just like last week Friday, the appellate court heard the case of SERAP and reserved judgment but had to abort further proceedings following their inability to comprehend and proceed with the sister case (Ogundare’s appeal).
The development on Tuesday forced the three-member special panel led by Justice Justice Danlami Senchi to hands off from the trial and return the file to the Presiding Justice of the Abuja division of the Court of Appeal, for reassignment to another.
It would be recalled that the special panel had slated October 9 for expeditious trial in the two appeals, seeking to reverse the guilty verdict and avoid the payment of the sum of N101 million as damages for defamation against agency and its two officials.
The matter was stalled at the last hearing owing to late filing of the deputy director’s appeal against the judgment of the trial court.
The appellate court subsequently adjourned to October 13, for hearing and possible adjournment for judgment but, this could not be realized as the panel had to return the file to the Presiding Justice, to be heard on a later date.
After reserving judgment in the first appeal, the panel proceeded to hear that of the deputy director. His lawyer, Mr Oluwatosin Adesioye, sought the court’s permission to amend the reliefs in a pending application concerning additional records of appeal and an extension of time to appeal against the ruling and judgment of the lower court.
Responding, the panel expressed reservations about the application, adding that the court was “finding it difficult to grant the prayers”.
Senchi subsequently advised the counsel to refine the application owing to its complicated nature.
Taking the hint from the court, Adesioye subsequently withdrew the application and sought for a short date to enable him amend the processes.
But, the panel however noted that they don’t have the luxury of time hence, the decision to return the file to the Presiding Justice for reassignment.
“All the two files are hereby returned to the Presiding Justice, Abuja Dvision… for decision on a date for hearing of both appeals that is going to be communicated to the parties,” Justice Senchi said.
Adding that, “In the same breath, the earlier appeal numbered CA/ABJ/CV/1114/2026 and… the order reserving the appeal for judgment, is hereby vacated.”
Earlier, a mild drama ensued when SERAP’s lead counsel, Tayo Oyetibo, SAN, informed the court that an application was before it for certain persons to be joined as amici curiae (friends if the court) in the appeal.
When the court obliged the senior lawyer, Professor Olarewaju Fagbohun, SAN, a former Vice Chancellor of the University of Lagos, to address the court, Fagbohun introduced himself as representing the University of Columbus, acting through its Colombian Global Freedom of Expression Initiative United Nations Special Rapporteurs on Rights to freedom of Assembly and of association.
He also told the court that he and other lawyers were of the United Nations Special Rapporteurs on the promotion and protection of rights to freedom of opinion and expression.
However, the appellate court declined to entertain them on the grounds that the court did not invite them and that they were not parties both at the trial court and the instant court.
“Did the court invite you? Let’s be serious. This is the kind of image we create that is not good for us. We didn’t invite you. On behalf of whom? You’re supposed to be a guide to the junior lawyers in court.
“I said earlier that we are not here to speak long grammar or waste the court’s time. We didn’t seek for any assistance. We didn’t invite you,” Senchi declared.
Taking a hint from the court, Professor Fagbohun promptly withdrew the application and apologized to the court.
The withdrawal and apology promoted the judge to commend him, stressing, “your juniors here will be happy for that.”
Apparently taking a cue from the professor, Mojirayo Ogunlana, who represented Southern African Litigation Centre, also withdrew her application to be the court’s amicus curiae.
Recall that Justice Halilu Yusuf of the High Court of the FCT had on May 5, slammed a whopping N100 million as damages against SERAP and the deputy director for publishing defamatory materials against the DSS and two of its officials.
The two officials, Sarah John and Gabriel Ogundele had in the suit marked: CV/4547/2024, accused SERAP and Oluwadare of making false claims in publications on the group’s website and social media platforms that the claimants invaded their Abuja office on September 9, 2024 and subjected them to harassment.
Delivering judgment, Justice Yusuf held among others that claimants led sufficient evidence that effectively established all the ingredients of defamation.
Justice Yusuf rejected the defence of justification raised by SERAP and Oluwadare on the grounds that they failed to provide evidence that their publications were not based on falsehood.
The judge noted that the words like invasion, forceful entry and harassment were used inaccurately, the defendants having admitted at trial that the DSS officials did not forcefully enter into SERAP’s premises and did not brandish any weapon.
He held that the publications made by the defendants injured the reputation of the claimants in their professional capacity and standing in the society.
Justice Yusuf said: “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, going forward, it was necessary for care and due diligence on the part of SERAP and its officials before releasing information to the public.
He added that in the exercise of their right to tweet and send information out, the defendants should be aware of the rights of others, particularly as it relates to government agencies and their officials.
The judge dismissed the objection raised by the defendants against the competence of the suit and held that the claimants possessed the requisite locus standi to file the suit over which the court has the jurisdiction to entertain.
He held that as against the defendants’ argument, the claimants must not be named in the publication complained about for defamation to be established.
Justice Yusuf noted that from when the claimants complained about the inaccuracy of the publications, the defendants failed to take any steps to pull down the injurious publication.
He proceeded to adjudge the publications as defamatory and awarded damages of N100 million against the defendants in addition to N1 million as cost of prosecuting the suit.
The judge also ordered the defendants to publish a public apology on SERAP’s website, X handle, two national daily newspapers and two television stations.
He held that the judgment sum shall attract 10 percent per annum from the date of the judgment until the sum is paid by the defendants.