Appeal court reschedules SERAP’s appeals against SSS N100m defamation judgement

The Court of Appeal in Abuja on Friday rescheduled two appeals by the Socio-Economic Rights and Accountability Project (SERAP) challenging N100 million defamation judgement given in favour of the State Security Service (SSS).

The appeals were filed separately by SERAP and its Deputy Director, Kolawole Oluwadare.

SERAP and Mr Kolawole lodged the appeals following a 5 May judgement of the Federal Capital Territory (FCT) High Court, Abuja, which found SERAP liable for defamation over publications accusing two SSS officials in a publication of invading its Abuja office in September 2024. The two SSS officials are Sarah John and Gabriel Ogundele.

A three-member panel presided over by Judge Danlami Senchi adjourned both appeals on Friday following a disagreement over the over the second appeal by Mr Oluwadare. The court held that the appeal was not ready for hearing.

The court also vacated its earlier decision to reserve judgement in SERAP’s appeal, and set 13 October as new for further proceedings.

Disagreement over second appeal

When Mr Oluwadare’s appeal was called, Mr Oluwadare’s lawyer, Hannah Ayanwale, informed the court that his appeal was not ready for hearing because the appellant’s brief was only filed the previous day. The lawyer also said a document was inadvertently omitted from the additional record of appeal, which was also filed the previous day.

The SSS officials’ lawyer, Akinlolu Kehinde, who is a Senior Advocate of Nigeria, confirmed service of the appellant’s brief. He described the appeal as an abuse of court process, wondering why two apoeals – one by SERAP and the other by Mr Kolawole – arose from only one judgement given by the trial court.

He said his clients initially thought Mr Kolawole had abandoned the appeal by not filing the necessary processes within time.

He also apologised for not filing an earlier application challenging the appeal and asked the court for time to file the respondents’ briefs.

Paul Ngbeoma, lawyer to the third respondent in the second appeal, also apologised to the court, noting that his client would not file processes but would participate in the hearing.

The panel faulted the lawyers to the various parties for the tardiness in informing the court that the appeal with pending filings was not ready for hearing.

It then directed the lawyers to the SSS officials to file his clients’ respondents’ brief by Monday, 12 October, and the appellant to file a reply to the respondents’ brief by morning of the following day, Tuesday.

The panel said it earlier set a date for the judgement on SERAP’s appeal because the lawyers did not infirm it that both appeals arose from the same judgement.

Judge Senchi then set 13 October for the two appeals.

Background

SERAP’s publication of 9 September 2024 alleged that SSS officials unlawfully entered its Abuja office after the organisation called on President Bola Tinubu to investigate corruption allegations involving the Nigerian National Petroleum Company Limited and reverse increases in petrol prices.

The publications described the officials as “a tall, large, dark-skinned woman” and “a slim, dark-skinned man” but did not identify them by name.

SSS later filed the suit alongside two of its operatives, who alleged that SERAP’s publications defamed them.

They sought N5 billion in damages, arguing that the allegations had damaged their reputations.

However, SERAP maintained in its statement of defence that SSS operatives had entered its Abuja office.

Delivering judgement on 5 May, Judge Yusuf Halilu of the FCT High Court found SERAP liable for defamation and awarded N100 million in damages against the organisation.

Dissatisfied, SERAP appealed against the judgement, arguing that the claimants – the two officials of the SSS – did not establish that the publications referred specifically to them because the reports did not mention their names, ranks, designations or offices, or include their photographs.

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The organisation also argued that no independent witness testified that they had read the publications and understood them to refer to the claimants.

It challenged the trial judge’s reliance on his own observation of the claimants’ physical appearances to conclude that the descriptions identified them.

It also asked the Court of Appeal to set aside the judgement and the consequential orders.

SERAP is a Nigerian civil society organisation that uses litigation, research and advocacy to promote human rights, transparency and accountability in governance.