Socio-Economic Rights and Accountability Project, SERAP, on Tuesday again scuttled its own appeal against a N101 million defamation judgement awarded in May by a High Court of the Federal Capital Territory in favour of two operatives of the Department of State Services, DSS.
The development forced the special panel set up by the President of the Court of Appeal to return the case file for re-assignment.
It was the organisation’s second misstep in less than a week. Last Friday, its failure to file its application had compelled the three-man panel — whose members flew into Abuja for the appeal — to adjourn till Tuesday.
But after more than an hour of trying to make sense of the submissions of counsel to SERAP’s deputy director, Kolawole Ogundare, a visibly frustrated panel sent the file back for re-assignment.
Drama over amici curiae
Mild drama erupted early in the proceedings when SERAP’s lead counsel, Tayo Oyetibo (SAN), told the court that an application was before it for certain persons to be joined as amici curiae (friends of the court) in the appeal.
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When the court obliged, Professor Olanrewaju Fagbohun (SAN), former Vice-Chancellor of the University of Lagos, rose to address it. He introduced himself as appearing for Columbia University, acting through its Global Freedom of Expression Initiative, alongside the United Nations Special Rapporteurs on the rights to freedom of peaceful assembly and of association, and on the promotion and protection of the right to freedom of opinion and expression.
Fagbohun said the application, filed on October 12, sought “the leave of this honourable court to participate in this appeal and assist the court with independent submissions.”
But the presiding judge, Justice Danlami Senchi, would have none of it.
“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,” the judge said.
“I said earlier that we are not here to speak long grammar or waste the court’s time. We didn’t seek any assistance. We didn’t invite you.”
Professor Fagbohun protested: “We are not adversarial. We’re actually trying to assist this court.”
But the judge held firm. “Every matter is decided on its merit. If you think that your interests will be injured, yes. But you’re not a party in the lower court and in this court. We didn’t invite you that we have a problem; come and help us. There are certain things we’ll see and say, ‘come and help us’. Just withdraw your application so that we can make progress. I don’t think there’s any need for this.”
Fagbohun promptly withdrew the application and apologised to the court, drawing the judge’s commendation: “Your juniors here will be happy for that.”
Taking a cue from the senior lawyer, Mojirayo Ogunlana, who appeared for the Southern African Litigation Centre, also withdrew her application to serve as the court’s amicus curiae.
File sent back for re-assignment
After reserving judgement on the first appeal by the Incorporated Trustees of SERAP, the panel moved to the sister appeal filed by the NGO’s deputy director — the same appeal whose defective filing caused last Friday’s adjournment.
Unimpressed by the counsel’s presentation, Justice Senchi remarked that he “should have sought the counsel of your seniors.”
“Look at the way and manner you couched your prayers. We can’t grant this. You have to withdraw and refile it,” the judge said. “I think that Prof. Olanrewaju was praying for this appeal not to continue. You just like to talk. This is a court of record. You’re before the Court of Appeal. We are sending this case file back for re-assignment.”
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