SERAP’s appeal against N100m defamation judgment stalls, adjourned again

The Court of Appeal in Abuja on Friday adjourned the hearing of appeals filed by the Socio-Economic Rights and Accountability Project (SERAP) and its Deputy Director, Kolawole Oluwadare, over a N100m defamation judgment involving two Department of State Services (DSS) officials.

The proceedings were stalled after the court was informed that Oluwadare’s lawyer had filed his brief of argument late, leaving the appeal unready for hearing.

The appeals challenge a May 5 judgment of the High Court of the Federal Capital Territory, which held that SERAP and Oluwadare defamed two DSS officials through a publication made on September 10, 2024.

At Friday’s proceedings, the first appeal, marked CA/ABJ/CV/1114/2026 and filed by SERAP, came before 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, his lawyer, Hannah Ayanwale, informed the court that the matter was not ready for hearing.

She explained that her client’s brief had only been filed on Thursday and served on the respondents on Friday morning, shortly before the court commenced sitting.

The disclosure reportedly displeased the justices, who questioned why the lawyer had not informed the court earlier that the appeal, which arose from the same judgment as SERAP’s case, was not ready for hearing.

The court 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.

It adjourned the appeals until October 13, 2026, and directed the respondents to file their briefs by October 12. The appellants were also directed to file their reply briefs before the next hearing.

How the Defamation Dispute Began

The appeals arose from a suit marked CV/4547/2024, filed by two DSS officials, Sarah John and Gabriel Ogundele, against SERAP and Oluwadare.

The officials accused the organisation and its deputy director of publishing false claims on SERAP’s website and social media platforms, alleging that the claimants invaded the group’s Abuja office on September 9, 2024, and subjected its personnel to harassment.

In his May 5 judgment, Justice Halilu Yusuf held that the claimants had presented sufficient evidence to establish the elements of defamation.

The judge rejected the defence of justification raised by SERAP and Oluwadare, ruling that they had failed to establish that the disputed publications were not based on falsehood.

According to the judgment, terms such as “invasion”, “forceful entry” and “harassment” were used inaccurately. The court noted that the defendants had admitted during the trial that the DSS officials did not forcefully enter SERAP’s premises or brandish weapons.

Justice Yusuf held that 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,” the judge said.

He stressed the need for SERAP and its officials to exercise care and due diligence before publishing information.

The judge added that the exercise of the right to publish information on social media must take account of the rights of others, including government agencies and their officials.

Court Awards N100m Damages

Justice Yusuf also 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 hear it.

He further ruled that a person does not necessarily have to be expressly named in a publication for defamation to be established.

The judge observed that after the claimants complained about the alleged inaccuracies, the defendants failed to remove the disputed publication.

He consequently found the publication defamatory and awarded N100m in damages against SERAP and Oluwadare, in addition to N1m in costs.

The court also ordered them to publish a public apology on SERAP’s website and X account, in two national daily newspapers and on two television stations.

The judgment further directed that the damages attract interest at 10 per cent per annum from the date of judgment until payment.

SERAP and Oluwadare have challenged the ruling at the Court of Appeal. Their appeals are scheduled to be heard together on October 13, 2026.

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