The Court of Appeal in Abuja will on Friday begin hearing an appeal filed by the Incorporated Trustees of the Socio-Economic Rights and Accountability Project, SERAP, against a judgment ordering it and its Deputy Director, Kolawole Oluwadare, to pay N101 million in a defamation suit.
The appeal, marked CA/ABJ/CV/1114/2026, is against the 5 May judgment of a High Court of the Federal Capital Territory, FCT.
A notice issued on Wednesday by the Registry of the Court of Appeal informed parties in the case of the hearing date.
Justice Halilu Yusuf of the FCT High Court had awarded N100 million in damages and N1 million in costs against SERAP and Oluwadare after finding that they defamed two officials of the Department of State Services (DSS), Sarah John and Gabriel Ogundele.
The judgment arose from suit number CV/4547/2024 filed by John and Ogundele over publications made by SERAP on its website and social media platforms on 10 September 2024.
Also Read: SERAP appeals defamation judgement in DSS case
The DSS officials accused SERAP and Oluwadare of falsely claiming that they invaded the organisation’s Abuja office on 9 September 2024 and subjected its officials to harassment.
In his judgment, Justice Yusuf held that the claimants presented sufficient evidence to establish the ingredients of defamation.
The judge rejected the defence of justification raised by SERAP and Oluwadare, holding that they failed to provide evidence to show that their publications were not based on falsehood.
He noted that words such as “invasion”, “forceful entry” and “harassment” were inaccurately used, particularly as the defendants admitted during the trial that the DSS officials neither forcefully entered SERAP’s premises nor brandished weapons.
The court held that the publications injured the reputation and professional standing of the two DSS officials.
“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 held.
The judge advised SERAP and its officials to exercise greater care and due diligence before releasing information to the public.
He added that while exercising their right to publish information, including on social media, the defendants should take into account the rights of others, particularly government agencies and their officials.
Justice Yusuf also dismissed the defendants’ objection challenging the competence of the suit.
He held that the claimants had the requisite locus standi to institute the action and that the court had jurisdiction to determine it.
The court further rejected the argument that the claimants had to be specifically named in the publications before they could establish defamation.
Justice Yusuf noted that SERAP and Oluwadare failed to remove the publications after the claimants complained about their alleged inaccuracies.
The judge consequently declared the publications defamatory and awarded N100 million in damages against the defendants, alongside N1 million as the cost of prosecuting the suit.
He also ordered the defendants to publish a public apology on SERAP’s website and X account, in two national daily newspapers and on two television stations.
The court further ordered that the judgment sum attract interest at 10 per cent per annum from the date of the judgment until it is fully paid.
Crediblenewsng.com
