Appeal Court fixes October 13 for SERAP, DSS defamation appeals

From Godwin Tsa, Abuja

The Court of Appeal has adjourned until October 13 the hearing of appeals filed by the Incorporated Trustees of the Socio-Economic Rights and Accountability Project (SERAP) and its Deputy Director, Kolawole Oluwadare, challenging a judgment that found them liable for defaming two Department of State Services (DSS) officials.

The hearing was stalled on Friday after Oluwadare’s appeal was found not ripe for hearing because he filed his brief of argument late.

Both appeals challenged a May 5 judgment of an FCT High Court, which held that SERAP and Oluwadare defamed the officials in a publication.

A three-member panel presided over by Justice Danlami Senchi, initially heard SERAP’s appeal, marked CA/ABJ/CV/1114/2026.

However, when Oluwadare’s appeal, marked CA/ABJ/CV/1115/2026, was called, his lawyer, Hannah Ayanwale, told the court it was not ready for hearing.

She said the appellant filed his brief on Thursday and served it on the respondents on Friday morning, shortly before the sitting.

The justices expressed displeasure and set aside the proceedings already conducted on SERAP’s appeal, ruling that both appeals, arising from the same judgment, should be heard together.

The court ordered the respondents to file their briefs by October 12 and directed the appellants to file reply briefs before the next sitting.

The suit, marked CV/4547/2024, was filed by two DSS officials, Sarah John and Gabriel Ogundele. They accused SERAP and Oluwadare of falsely alleging that DSS officers invaded the organisation’s Abuja office on September 9, 2024, and harassed its staff.

In his May 5 judgment, Justice Yusuf held that the claimants had established the ingredients of defamation. He rejected the defendants’ defence of justification and awarded ₦100million in damages.

SERAP’s appeal, filed by Tayo Oyetibo (SAN), raised 24 grounds challenging the liability finding, damages and consequential orders.

The organisation argued that the publications did not identify the claimants by name, rank, designation, office or photograph. It also contends that no independent witness established that readers understood the descriptions used in the publications to refer to the two officials.

SERAP further contended that the trial court improperly relied on its own observation of the claimants’ physical appearance to establish identification.

It also challenged the ₦100million award, describing it as excessive and unsupported by sufficient evidence of reputational, professional or financial injury.

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