By Ikechukwu Nnochiri
The Court of Appeal in Abuja on Friday deferred until October 13 the hearing of two separate appeals seeking to nullify a judgment that ordered the Socio-Economic Rights and Accountability Project (SERAP) to pay N100 million in damages for defaming two officials of the Department of State Services (DSS).
The two appeals, marked CA/ABJ/CV/1114/2026 and CA/ABJ/CV/1105/2026, were filed by SERAP and its Deputy Director, Mr. Kolawole Oluwadare, respectively.
Although a three-member panel of the appellate court, led by Justice Danlami Senchi, initially heard the first appeal and reserved judgment, the entire proceedings were voided after it was discovered that the second appeal, which arose from the same set of facts, was not ripe for hearing.
The appellate court took the decision after counsel to the second appellant, Ms. Hannah Ayanwale, drew its attention to the fact that her client’s brief had been served on the respondents only before the sitting commenced.
Stressing that the two appeals ought to be heard together, the panel vacated the proceedings that led to the reservation of the first matter for judgment.
It ordered the respondents to file their brief of argument by October 12, while the appellants were directed to file a response before the adjourned date.
A High Court of the Federal Capital Territory (FCT) sitting at Maitama had, in a judgment delivered on May 5 by Justice Yusuf Halilu, said it was satisfied that the non-governmental organisation had, on September 9, 2024, tarnished the reputations of two DSS personnel, Sarah John and Gabriel Ogundele, when it falsely alleged that they invaded its office in Abuja.
The court held that SERAP, sued alongside its Deputy Director, Mr. Oluwadare, unjustly defamed the operatives when it published on its website and X (formerly Twitter) handle that they invaded the office and harassed a staff member.
According to the court, the publication was in bad taste.
Consequently, in addition to the N100m damages, the court ordered SERAP to tender public apologies to the defamed DSS operatives in two national newspapers, on two television stations, and on its website.
Furthermore, it ordered the defendants to pay the two operatives N1m to cover the cost of the litigation, as well as 10 percent annual interest on the judgment sum until it is fully liquidated.
The judgment followed Suit No. CV/4547/2024, which the two operatives filed before the court to challenge what they regarded as SERAP’s false claim, which had negatively affected both their reputations and the corporate image of the DSS.
The second appellant, Oluwadare, had clarified the organisation’s work and the events surrounding the alleged invasion of its Abuja office by DSS operatives in his testimony before the trial court.
Answering questions under cross-examination, Oluwadare told the court that DSS operatives had stormed the organisation’s office, a development that prompted it to alert the public.
He added that several SERAP staff members, including a front-desk officer, a security guard, and a lawyer, had reported the officials’ presence.
Asked if the staff members were assaulted or if doors were broken, the witness confirmed there was no physical attack.
He insisted, however, that the manner of entry and the presence of unmarked vehicles used by the operatives had led SERAP to issue a public statement.
Oluwadare further stated that the organisation has CCTV footage of the incident, adding that messages SERAP sent out through its X handle reflected the seriousness of what its staff members observed that day.
Dismissing suggestions that the organisation exists only to criticise the government, he insisted that SERAP’s mandate is to promote and protect human rights, including socio-economic rights, in the overall public interest.
He maintained that the harassment and intimidation of civic actors pose a grave threat to SERAP’s work and hamper its efforts to hold public institutions accountable.
The appellants are praying the court to set aside the High Court judgment in its entirety, insisting that the trial judge erred in law and occasioned a miscarriage of justice against them.
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