The Court of Appeal in Abuja on Friday adjourned the hearing of two appeals filed by the Socio-Economic Rights and Accountability Project, SERAP, and its Deputy Director, Kolawole Oluwadare, after the appellants filed their briefs out of time, delaying what was expected to be a key test of a ₦101 million defamation judgment secured by two officials of the Department of State Services, DSS.
A three-member panel of the appellate court, led by Justice Danlami Senchi, had been set to hear the appeals, which challenge the May 5 verdict of the High Court of the Federal Capital Territory that found SERAP and Oluwadare liable for defaming the DSS officials in a publication issued on September 10, 2024.
Hearing Collapses Over Procedural Lapse
Proceedings opened with the first appeal, marked CA/ABJ/CV/1114/2026 and filed by SERAP, being called for hearing. However, when the second appeal — CA/ABJ/CV/1105/2026, filed by Oluwadare — was called, counsel to the appellant, Hannah Ayanwale, informed the court that the matter was not ripe for hearing.
Ayanwale disclosed that Oluwadare’s brief had only been filed on Thursday and served on the respondents on Friday morning, moments before the court convened.
The disclosure visibly irritated the justices, who faulted the lawyer for failing to alert the court earlier that the sister appeal was not ready to proceed.
In the interest of judicial consistency, the panel set aside the proceedings already conducted on SERAP’s appeal, ruling that because both matters arose from the same High Court judgment, they must be heard together.
The court subsequently adjourned both appeals to October 13, directing the respondents to file their briefs by October 12 and ordering the appellants to file their reply briefs before the next sitting.
Background: The ₦101 Million Defamation Judgment
The appeals stem from the May 5 judgment delivered by Justice Halilu Yusuf of the FCT High Court in suit number CV/4547/2024, instituted by two DSS officials, Sarah John and Gabriel Ogundele.
The claimants had sued SERAP and Oluwadare over publications on the organisation’s website and social media platforms alleging that they invaded SERAP’s Abuja office on September 9, 2024 and harassed its staff.
Justice Yusuf held that the claimants had led sufficient evidence to establish all the ingredients of defamation. He rejected the defence of justification raised by SERAP and Oluwadare, ruling that the defendants failed to prove that their publications were truthful.
The judge noted that terms such as “invasion,” “forceful entry,” and “harassment” had been used inaccurately, pointing out that the defendants themselves admitted during trial that the DSS officials neither forced their way into SERAP’s premises nor brandished any weapon.
“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,” Justice Yusuf ruled.
Court’s Warning on Due Diligence
Delivering his verdict, Justice Yusuf stressed the need for “care and due diligence” by SERAP and its officials before publishing information, particularly concerning government agencies and their officials. He said the right to publish and tweet must be exercised with regard for the rights of others.
The court dismissed the defendants’ preliminary objection to the competence of the suit, affirming that the claimants had the requisite locus standi and that the court had jurisdiction. The judge further held that claimants need not be named in a publication for defamation to be established, and observed that SERAP failed to take down the publication even after the claimants complained of its inaccuracy.
Damages and Orders
Justice Yusuf awarded:
– ₦100 million in damages against the defendants
– ₦1 million as cost of prosecuting the suit
– 10 per cent interest per annum on the judgment sum from the date of judgment until fully paid
The court further ordered SERAP and Oluwadare to publish a public apology on SERAP’s website, its official X handle, two national daily newspapers, and two television stations.
The appeals filed by SERAP and Oluwadare seek to overturn these findings and orders. Both matters will now be heard jointly on October 13.
Crediblenewsng.com
