The Court of Appeal in Abuja has adjourned hearing of appeals filed by the Socio-Economic Rights and Accountability Project (SERAP) and its Deputy Director, Kolawole Oluwadare, against a ₦101 million defamation judgment until October 13, 2026, following the late filing of a brief by Oluwadare’s counsel.
The three-member panel, presided over by Justice Danlami Senchi, postponed the proceedings after the late filing disrupted the hearing and prompted the court to set aside proceedings earlier conducted in SERAP’s appeal.
When Oluwadare’s appeal, marked CA/ABJ/CV/1105/2026, was called, his lawyer, Hannah Ayanwale, informed the court that the matter was not ready for hearing because the appellant’s brief had only been filed on Thursday and served on the respondents on Friday morning, shortly before the sitting.
The development reportedly displeased the justices, who expressed concern that counsel had not informed the court earlier that the appeal was not ready for hearing.
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The panel subsequently directed that both appeals be heard together because they arose from the same judgment. It consequently set aside the proceedings in SERAP’s appeal, marked CA/ABJ/CV/1114/2026, and adjourned both matters.
The court directed the respondents to file their briefs by October 12, while the appellants are to submit their reply briefs before the next hearing.
The appeals challenge a May 5 judgment by Justice Halilu Yusuf of the High Court of the Federal Capital Territory, Abuja, which found SERAP and Oluwadare liable for defaming two officials of the Department of State Services (DSS), Sarah John and Gabriel Ogundele.
The DSS officials had instituted suit number CV/4547/2024, accusing SERAP and Oluwadare of publishing false claims on the organisation’s website and social media platforms that they invaded its Abuja office on September 9, 2024, and subjected its officials to harassment.
In his judgment, Justice Yusuf held that the claimants had presented sufficient evidence to establish the ingredients of defamation.
He rejected the defence of justification raised by SERAP and Oluwadare, ruling that they had failed to establish the truthfulness of their publications.
The judge noted that terms such as “invasion,” “forceful entry” and “harassment” had been used inaccurately, adding that the defendants 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,” he said.
Justice Yusuf also stressed the need for SERAP and its officials to exercise care and due diligence before releasing information to the public, noting that the right to disseminate information must be exercised with regard for the rights of others, including government agencies and their officials.
He 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.
The judge further ruled that the claimants did not have to be expressly named in the publications for defamation to be established.
He also observed that SERAP and Oluwadare had failed to remove the disputed publications after the claimants complained about their alleged inaccuracies.
Consequently, the court awarded ₦100 million in damages against SERAP and Oluwadare, alongside ₦1 million in litigation costs.
It 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 stipulated that the award would attract annual interest of 10 per cent from May 5 until full payment.
