SERAP’s Appeal against N100m Judgment Adjourned to October 13 over Late Filing

Alex Enumah in Abuja 

Hearing in the appeal by the Incorporated Trustees of the Socio-economic Rights and Accountability Project (SERAP) and its Deputy Director, Kolawole Oluwadare, against a N100 million judgment for defamation was on Friday stalled, due to the late filing of the appellants’ briefs.

The appeals filed separately by SERAP and Oluwadare, are against the May 5 judgment of a High Court of the Federal Capital Territory (FCT), which found the two appellants guilty of defamatory publication against the agency and two of its officials.

The defamatory publication was said to have occurred on September 10, 2024.

Faulting the judgment of the High Court of the FCT, SERAP and Oluwadare, approached the appellate for an order setting aside the guilty verdict, and they also applied for a stay of the execution of the judgment pending the hearing and determination of their appeals.

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

However, when the second appeal, marked: CA/ABJ/CV/1105/2026, was called, Oluwadare’s lawyer, Hannah Ayanwale told the court that the appeal was not ripe for hearing because it was just filed the previous day, October 8.

The information infuriated the Justices, who were uncomfortable with Ayanwale’s failure to inform the court earlier that her client’s appeal, which is a sister appeal to the one filed by SERAP, was not ripe for hearing.

The court however, elected to set aside the proceedings earlier conducted on the first appeal on the grounds that since they are sister appeals that emanated from the same judgment, they ought to be heard together.

It then adjourned hearing of the two appeals till October 13 and ordered the respondents to file their brief on October 12 and for the appellant to file a reply brief before the court sits on the next adjourned date.

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 per cent per annum from the date of the judgment until the sum is paid by the defendants.