The Court of Appeal in Abuja has adjourned hearing in the appeals filed by the Socio-Economic Rights and Accountability Project (SERAP) and its Deputy Director, Kolawole Oluwadare, over a ₦101 million defamation judgment after the late filing of one of the appellants’ briefs.
The court, on Friday, adjourned the hearing of the two appeals until October 13, 2026, after Oluwadare’s lawyer, Hannah Ayanwale, informed the justices that her client’s brief had only been filed on Thursday and served on the respondents on Friday morning.
The development reportedly angered the justices, who expressed displeasure that the lawyer had failed to inform the court earlier that the appeal was not ready for hearing.
The appeals challenge 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 publication made on September 10, 2024.
The first appeal, filed by SERAP and marked CA/ABJ/CV/1114/2026, came up before a three-member panel presided over by Justice Danlami Senchi.
However, when Oluwadare’s appeal, marked CA/ABJ/CV/1105/2026, was called, his counsel told the court that the matter was not ripe for hearing because the appellant’s brief had only recently been filed and served.
Following the disclosure, the panel decided to set aside proceedings earlier conducted on SERAP’s appeal, ruling that the two matters, having arisen from the same judgment, should be heard together.
The court directed the respondents to file their briefs by October 12, while the appellant is to file a reply brief before the next hearing date.
How N101m Judgment Was Awarded
The appeals arose from a suit filed by two DSS officials, Sarah John and Gabriel Ogundele, over publications on SERAP’s website and social media platforms.
The officials accused SERAP and Oluwadare of falsely alleging that they invaded the organisation’s Abuja office on September 9, 2024, and subjected its personnel to harassment.
In his judgment on the suit, marked CV/4547/2024, Justice Halilu Yusuf held that the claimants had presented sufficient evidence to establish the ingredients of defamation.
The judge rejected the defendants’ defence of justification, saying they failed to establish that the disputed publications were true.
According to the court, terms such as “invasion”, “forceful entry” and “harassment” were used inaccurately, as 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 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.
The court also stressed the need for SERAP and its officials to exercise care and due diligence before publishing information, noting that the exercise of the right to disseminate information must take account of the rights of others.
Justice Yusuf further held that the DSS officials did not have to be expressly named in the publication for defamation to be established.
He also noted that the defendants failed to remove the disputed publications after the claimants complained about their alleged inaccuracies.
The court consequently awarded ₦100 million in damages against SERAP and Oluwadare, in addition to ₦1 million in litigation costs.
It also ordered them to publish a public apology on SERAP’s website, its X account, two national newspapers and two television stations.
The judgment further stipulated that the sum would attract 10 per cent annual interest from the date of delivery until full payment.
