By David Lawani, Abuja
The Court of Appeal, Abuja Division, will on Friday hear an appeal filed by the Socio-Economic Rights and Accountability Project (SERAP) against the N101 million defamation judgment entered against the organisation and its Deputy Director, Kolawole Oluwadare, by the High Court of the Federal Capital Territory (FCT).
The appeal, marked CA/ABJ/CV/1114/2026, is challenging the judgment delivered on May 5 by Justice Halilu Yusuf, who found SERAP and Oluwadare liable for defaming two officials of the Department of State Services (DSS), Sarah John and Gabriel Ogundele.
A notice issued on Wednesday by the Registry of the Court of Appeal and served on the parties confirmed Friday as the date fixed for the hearing of the appeal.
The underlying defamation suit, marked CV/4547/2024, followed publications by SERAP on its website and social media platforms concerning an incident involving the DSS officials at the organisation’s Abuja office on September 9, 2024.
John and Ogundele had accused SERAP and Oluwadare of making false and defamatory claims that they invaded the organisation’s premises and harassed its officials.
In his judgment, Justice Yusuf held that the claimants had presented sufficient evidence to establish the ingredients of defamation and rejected the defence of justification advanced by SERAP and Oluwadare.
The judge particularly took issue with descriptions including “invasion”, “forceful entry” and “harassment”, holding that the defendants had admitted during proceedings that the DSS officials did not forcefully enter SERAP’s premises or brandish weapons.
Justice Yusuf consequently held that the publications injured the reputation of the claimants in their professional capacity 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 held.
The High Court awarded N100 million in general damages against SERAP and Oluwadare and an additional N1 million as costs, bringing the total financial liability to N101 million.
The court also ordered the defendants to publish a public apology on SERAP’s website and X handle, as well as in two national newspapers and two television stations.
In addition, the judgment sum was ordered to attract 10 per cent annual interest from May 5 until full liquidation.
Justice Yusuf further advised SERAP and its officials to exercise greater care and due diligence before disseminating information, stressing that the right to publish information should be exercised about the rights and reputations of others, including government agencies and their officials.
The judge also dismissed preliminary objections by the defendants challenging the competence of the suit and the legal standing of the DSS officials to institute the action.
He rejected the argument that the claimants could not sue because they were not expressly named in the publications, holding that it was sufficient if the publication could reasonably be understood to refer to them.
The court further noted that SERAP and the other defendant did not remove the publications after the claimants complained about their alleged inaccuracies.
SERAP subsequently appealed the judgment, challenging the findings and orders of the FCT High Court and seeking to have the decision set aside. The organisation had also sought a stay of execution pending determination of the appeal.
The appellate court is now expected to consider the grounds of appeal and determine whether the findings and orders of the FCT High Court should be upheld, varied or set aside.
Friday’s proceedings will therefore provide the first major opportunity for the appellate court to examine the legal issues arising from the judgment and SERAP’s challenge to the N101 million award.
