The Court of Appeal in Abuja has adjourned till October 13 the hearing of appeals filed by the Socio-Economic Rights and Accountability Project (SERAP) and its Deputy Director, Kolawole Oluwadare, against a N101 million defamation judgment delivered against them by a High Court of the Federal Capital Territory (FCT).
The hearing, initially scheduled for Friday, was stalled after the court discovered that Oluwadare’s lawyer, Hannah Ayanwale, had filed her client’s brief late and served it on the respondents on Friday morning, shortly before the commencement of proceedings.
The appeals challenge the May 5 judgment of Justice Halilu Yusuf of the FCT High Court, which found SERAP and Oluwadare liable for defaming two officials of the Department of State Services (DSS), Sarah John and Gabriel Ogundele.
The officials had accused the organisation and its deputy director of publishing false claims on September 10, 2024, alleging that DSS operatives invaded SERAP’s Abuja office on September 9, 2024, and harassed its officials.
At Friday’s proceedings, the first appeal, marked CA/ABJ/CV/1114/2026 and filed by SERAP, was taken by a three-member panel presided over by Justice Danlami Senchi.
However, when the second appeal, marked CA/ABJ/CV/1105/2026 and filed by Oluwadare, was called, Ayanwale informed the court that it was not ready for hearing because she had only filed the appellant’s brief on Thursday and served it on the respondents on Friday morning.
The development reportedly angered the justices, who expressed displeasure over the failure to notify the court earlier that the appeal was not ready for hearing.
The panel subsequently set aside the proceedings already conducted in SERAP’s appeal, ruling that both matters should be heard together because they arose from the same judgment.
The court directed the respondents to file their briefs on or before October 12 and ordered the appellant to file a reply brief ahead of the next hearing.
In the judgment being challenged, Justice Yusuf held that the two DSS officials had presented sufficient evidence to establish the ingredients of defamation.
The judge rejected the defence of justification raised by SERAP and Oluwadare, saying they failed to provide evidence to establish that their publications were accurate.
He noted that the words “invasion,” “forceful entry” and “harassment” were used inaccurately, adding that the defendants had admitted during the trial that the DSS officials neither forced their way into SERAP’s premises nor brandished weapons.
According to the judge, the publications damaged the claimants’ reputations in their professional capacities and standing in society.
“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.
He stressed the need for SERAP and its officials to exercise caution and due diligence before releasing information to the public.
The judge also warned that the exercise of the right to publish information on social media must take into account the rights of others, particularly government agencies and their officials.
Justice Yusuf dismissed the defendants’ objection to the competence of the suit, holding that the claimants had the legal standing to institute the action and that the court had jurisdiction to entertain it.
He further ruled that a claimant did not necessarily have to be expressly named in a publication for defamation to be established.
The judge observed that SERAP and Oluwadare failed to remove the publications after the claimants complained about their alleged inaccuracies.
Consequently, he awarded N100 million in damages against the defendants and an additional N1 million as the cost of prosecuting the suit.
He also ordered SERAP and Oluwadare to publish a public apology on SERAP’s website and X handle, in two national daily newspapers and on two television stations.
The judgment further stipulated that the damages would attract 10 per cent annual interest from May 5 until full payment.
