The Court of Appeal in Abuja has postponed the hearing of appeals filed by the Socio-Economic Rights and Accountability Project (SERAP) and its Deputy Director, Kolawole Oluwadare, challenging a judgment that ordered them to pay N100 million in damages to two Department of State Services (DSS) operatives over alleged defamation.
The appellate court, on Friday, adjourned the matter until October 13 after determining that the two appeals should be heard together.
The appeals, registered as CA/ABJ/CV/1114/2026 and CA/ABJ/CV/1105/2026, were filed separately by SERAP and Oluwadare.
A three-member panel led by Justice Danlami Senchi had initially heard the first appeal and reserved judgment. However, the proceedings were later set aside after the court discovered that the second appeal was not ready for hearing.
Counsel to Oluwadare, Hannah Ayanwale, informed the panel that the respondents had only been served with her client’s brief shortly before the court session began.
Following the development, the judges ruled that both appeals should be considered together because they arose from the same set of facts. The panel consequently vacated the earlier proceedings and directed the respondents to submit their briefs of argument by October 12, with the appellants expected to file their responses before the next hearing.
Why SERAP Was Ordered to Pay N100m
The case originated from a judgment delivered on May 5 by Justice Yusuf Halilu of the High Court of the Federal Capital Territory sitting in Maitama, Abuja.
The trial court held that SERAP had damaged the reputations of two DSS personnel, Sarah John and Gabriel Ogundele, through a publication made on September 9, 2024.
The organisation had alleged that DSS operatives invaded its Abuja office and harassed a staff member.
According to the court, SERAP published the allegation on its website and X, formerly known as Twitter. The judge described the publication as being in bad taste and ruled in favour of the two operatives.
In addition to ordering the payment of N100 million in damages, the court directed SERAP and Oluwadare to issue public apologies to the two DSS personnel in two national newspapers, on two television stations and on SERAP’s website.
The defendants were also ordered to pay N1 million to cover litigation costs, alongside annual interest of 10 per cent on the judgment sum until it is fully paid.
The suit, numbered CV/4547/2024, was filed by the two DSS operatives, who argued that the allegation had damaged their personal reputations and the corporate image of the security agency.
SERAP Deputy Director Gives Account of Alleged Office Visit
During proceedings at the trial court, Oluwadare testified about the circumstances surrounding the alleged visit by DSS operatives to SERAP’s office.
Under cross-examination, he maintained that the operatives had arrived at the organisation’s premises, prompting SERAP to inform the public about the incident.
He told the court that several staff members, including a front-desk officer, a security guard and a lawyer, had reported the presence of the officials.
However, when questioned about whether anyone had been physically assaulted or doors had been broken, Oluwadare confirmed that there had been no physical attack.
He nevertheless insisted that the manner in which the officials entered the premises, as well as the presence of unmarked vehicles, had raised concerns and prompted the organisation to issue its public statement.
Oluwadare also told the court that SERAP had CCTV footage of the incident, arguing that the messages published through the organisation’s X account reflected the seriousness of what staff members had observed.
SERAP Challenges Judgment, Seeks Reversal
Oluwadare rejected suggestions that SERAP existed primarily to criticise the government, maintaining that the organisation’s mandate was to promote and protect human rights, including socio-economic rights, in the public interest.
He further argued that the harassment and intimidation of civic actors could threaten the organisation’s work and weaken efforts to hold public institutions accountable.
SERAP and Oluwadare are now asking the Court of Appeal to overturn the High Court’s judgment in its entirety.
The appellants contend that the trial judge made errors of law that resulted in a miscarriage of justice against them.
The appeals are expected to resume on October 13, when the court will continue considering the challenge to the N100 million defamation judgment.
