The Court of Appeal in Abuja on Tuesday vacated an earlier order reserving judgement within the defamation appeal involving the Socio-Economic Rights and Accountability Project (SERAP) and two State Security Service (SSS) officers, directing that case be reschuled for fresh hearing.
Vanguard newspaper reported that the Judge Danlami Senchi-led panel of the court issued the directive throughout hearing into two associated appeals filed by SERAP and its deputy director, Kolawole Oluwadare, against the 5 May N100 million judgement of the Federal Capital Territory (FCT) High Court in Abuja holding them liable for defaming two SSS operatives.
The appeals are marked CA/ABJ/CV/1114/2026 and CA/ABJ/CV/1105/2026.
“All the two files are hereby returned to the Presiding Justice, Abuja Division … for decision on a date for hearing of both appeals that is going to be communicated to the parties,” Mr Senchi stated.
He additionally vacated the order reserving appeal CA/ABJ/CV/1114/2026 for judgement.
During Tuesday’s proceedings, Mr Oluwadare’s lawyer, Oluwatosin Adesioye, sought permission to amend the prayers in an software regarding further data of appeal and an extension of time to problem the decrease court’s determination.
But Mr Senchi stated the court was “finding it difficult to grant the prayers” and suggested the lawyer to refine the applying.
Mr Adesioye subsequently withdrew it, and the court struck it out with out objection from the respondents.
International teams withdraw functions
The court additionally thought-about functions by Columbia University, the United Nations Special Rapporteur on the rights to freedom of peaceable meeting and of affiliation, and the Southern Africa Litigation Centre to take part within the appeal as amici curiae, or associates of the court.
Lawyer for the candidates stated the case raised questions on constitutional and basic rights with implications past Nigeria.
Mr Senchi famous that the candidates weren’t events to the unique swimsuit and that their participation was topic to the court’s discretion. After he indicated that their involvement was not thought-about needed, the candidates withdrew their functions.
The court struck out the functions with out objection from SERAP or the respondents.
The presiding justice of the Abuja Division of the Court of Appeal is to decide a fresh hearing date for each appeals and talk it to the events.
The defamation swimsuit
In the judgement being challeged on appeal, Judge Yusuf Halilu of the FCT High Court awarded N100 million in damages against SERAP and Mr Oluwadare in favour of two SSS officers, Sarah John and Gabriel Ogundele, for defamation.
The swimsuit arose from publications SERAP made on its web site and X account on 9 September 2024, alleging that DSS operatives had invaded its Abuja workplace and harassed a employees member.
The trial court held that the publications have been defamatory. It additionally ordered the defendants to publish apologies in two nationwide newspapers, on two tv stations and on SERAP’s web site.
The court awarded N1 million in litigation prices and imposed 10 per cent annual curiosity on the judgment sum till fee.
SERAP and Mr Oluwadare are asking the Court of Appeal to overturn the choice.
Their lawyer, Tayo Oyetibo, a Senior Advocate of Nigeria (SAN), challenged the trial court’s jurisdiction and questioned the identification of one of the claimants.
Mr Oyetibo argued that the judgement was in favour of Sarah John in respect of an individual recognized as Sarah David.
He additionally questioned how the claimant’s id was established via an outline of a “tall, large, dark-skinned” girl and not using a {photograph}.
He urged the appellate court to put aside the judgement.
But O. S. Kehinde, lawyer to the primary and second respondents, urged the court to dismiss the appeal.
He argued that SERAP had not established that Sarah John and Sarah David have been completely different individuals and that the issue had not been raised earlier than the trial court.
On identification, Mr Kehinde acknowledged {that a} publication didn’t have to title an individual expressly to be defamatory if individuals who knew the particular person might establish them from the outline.
He added {that a} claimant’s witness had testified that the officers may very well be recognized from the descriptions within the publications.
Lawyer for the third respondent didn’t handle the court.
READ ALSO: Appeal court reschedules SERAP’s appeals against SSS N100m defamation judgement
Deputy director explains SERAP’s assertion
During the trial, Mr Oluwadare testified that SSS operatives entered SERAP’s Abuja workplace, prompting the organisation to issue a public assertion.
He stated employees members, together with a front-desk officer, a safety guard and a lawyer, had reported the operatives’ presence.
Under cross-examination, he acknowledged that nobody had been bodily assaulted and no doorways had been broken.
He maintained that the style through which the operatives entered the premises and their use of unmarked autos prompted the organisation’s assertion.
He additionally famous that SERAP had CCTV footage of the incident and rejected the suggestion that the organisation existed merely to criticise the federal government.
He acknowledged that its work centered on selling and defending human rights.
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