Appeal Court returns N100m suit against SERAP for reassignment

The Court of Appeal, sitting in Abuja has returned two related appeals involving the Socio-Economic Rights and Accountability Project (SERAP) to the President of the Court of Appeal (PCA) for reassignment to a panel of the court, while vacating proceedings earlier conducted in one of the appeals.

The decision followed proceedings in Appeal No. CA/ABJ/CV/1114/2026, arising from Suit No. FCT/HC/CV/4547/2024, between the Incorporated Trustees of SERAP and Sarah John, Gabriel Ogunleye and Kolawole Oluwadare.

The three-member panel of Justices of the appellate court led by Justice Danlami Senchi initially reserved judgment in the SERAP appeal after hearing arguments from counsel to SERAP, Tayo Oyetibo, SAN, in the matter.

At the proceedings on Tuesday, Oyetibo adopted his processes and urged the court to allow the appeal, arguing that the lower court lacked jurisdiction to entertain the suit.

Oyetibo contended that the person who visited the office was identified as Sarah David, whereas the person in whose favour judgment was delivered was named Sarah John, and argued that the discrepancy raised a jurisdictional issue that warranted the appellate court’s intervention.

The panel had reserved judgment in the appeal.

The proceedings also featured an application seeking to present an amicus curiae brief to assist the court with international jurisprudence on the issues before it.

Prof. Olarenwaju Fagbohun, SAN, appeared alongside another senior advocate on behalf of the Columbia University’s Global Freedom of Expression Initiative and two United Nations special rapporteurs: one on the rights to freedom of peaceful assembly and association, and the other on the promotion and protection of the right to freedom of opinion and expression.

However, the court held that it had not invited the proposed contributors, adding that it was sufficiently equipped to obtain any international jurisprudential assistance required for its consideration of the case.

Mojirayo Ogunlayo also appeared in a representative capacity for the appellant in an application seeking to be joined as an intervening party on behalf of Southern African Litigation Centre. The application was also rejected by the court.

In its ruling, the court directed that a fresh notice of appeal be issued on behalf of the appellant in the sister appeal marked CA/ABJ/CV/1115/2026 and further vacated proceedings previously conducted in Appeal No. CA/ABJ/CV/1114/2026.