SERAP, Deputy Director’s Appeals Against ₦101m Defamation Judgment Stalled Over Late Filing of Brief

The planned hearing of appeals filed by the Incorporated Trustees of the Socio-economic Rights and Accountability Project (SERAP) and its Deputy Director, Kolawole Oluwadare, against a ₦101 million defamation judgment was stalled at the Court of Appeal, Abuja, on Friday following the late filing of one of the appellants’ briefs.
The appeals are against a May 5 judgment of the High Court of the Federal Capital Territory (FCT), which held that SERAP and Oluwadare defamed two officials of the Department of State Services (DSS) through a false publication made on September 10, 2024.
At Friday’s proceedings, the first appeal, marked CA/ABJ/CV/1114/2026 and 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 and filed by Oluwadare, was called, his lawyer, Hannah Ayanwale, told the court that the appeal was not ripe for hearing.
Ayanwale explained that her client had only filed his brief on Thursday and served it on the respondents on Friday morning, shortly before the court commenced sitting.
The disclosure reportedly angered the justices, who expressed displeasure over the lawyer’s failure to inform the court earlier that Oluwadare’s appeal, which is a sister appeal to SERAP’s, was not ready for hearing.
The court, however, set aside the proceedings earlier conducted on SERAP’s appeal, holding that the two appeals, having emanated from the same judgment, ought to be heard together.
It subsequently adjourned the hearing of both appeals until October 13 and ordered the respondents to file their briefs on October 12, while the appellant is to file a reply brief before the next adjourned date.
The appeals arose from a suit marked CV/4547/2024, filed by two DSS officials, Sarah John and Gabriel Ogundele, who accused SERAP and Oluwadare of making false claims on the organisation’s website and social media platforms.
The claimants alleged that the defendants published claims that they invaded SERAP’s Abuja office on September 9, 2024, and subjected its officials to harassment.
In his May 5 judgment, Justice Halilu Yusuf of the High Court of the FCT held that the claimants had presented sufficient evidence to establish all the ingredients of defamation.
The judge rejected the defence of justification raised by SERAP and Oluwadare, ruling that they failed to provide evidence that their publications were not based on falsehood.
He noted that terms such as “invasion,” “forceful entry” and “harassment” were used inaccurately, adding that the defendants had admitted during the trial that the DSS officials did not forcefully enter SERAP’s premises or brandish any weapon.
Justice Yusuf held that the publications injured 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,” the judge said.
He stressed the need for SERAP and its officials to exercise care and due diligence before releasing information to the public.
The judge added that, in exercising their right to publish information on social media, the defendants should be mindful of the rights of others, particularly government agencies and their officials.
Justice Yusuf also dismissed the defendants’ objection to the competence of the suit, holding that the claimants had the requisite locus standi to institute the action and that the court had jurisdiction to hear it.
He further held that the claimants did not have to be expressly named in the publication for defamation to be established.
According to the judge, the defendants failed to take steps to remove the allegedly injurious publication after the claimants complained about its inaccuracy.
The court consequently found the publications defamatory and awarded ₦100 million in damages against SERAP and Oluwadare, in addition to ₦1 million as the cost of prosecuting the suit.
Justice Yusuf also ordered the defendants to publish a public apology on SERAP’s website, X handle, two national daily newspapers and two television stations.
He further ruled that the judgment sum would attract 10 per cent interest per annum from the date of the judgment until full payment.