The hearing of two appeals filed by the Incorporated Trustees of the Socio-Economic Rights and Accountability Project (SERAP) and its Deputy Director, Kolawole Oluwadare, was stalled at the Court of Appeal in Abuja on Friday over the late filing of court documents.
The appeals challenge a May 5 judgment of the FCT High Court which awarded ₦101 million against SERAP and Oluwadare for defaming two officials of the Department of State Services (DSS).
A three-member panel led by Justice Danlami Senchi had begun hearing SERAP’s appeal before discovering that the second appeal was not ready for hearing. Counsel to Oluwadare, Hannah Ayanwale, told the court that the appellant only filed his brief on Thursday and served the respondents on Friday morning before proceedings began.
The disclosure angered the appellate justices, who faulted the lawyer for failing to notify the court earlier that the appeal was not ripe for hearing.
The court then set aside the proceedings already conducted in SERAP’s appeal because both cases arose from the same judgment and should be heard together.
The panel adjourned the two appeals until October 13 and directed the respondents to file their brief by October 12, while the appellants are to file any reply before the next sitting.
Justice Halilu Yusuf had ruled on May 5 that SERAP and Oluwadare defamed DSS officials Sarah John and Gabriel Ogundele through publications made in September 2024.
The court held that the defendants failed to prove their claims that DSS officials invaded and harassed them, noting they admitted during trial that there was no forceful entry or display of weapons.
Justice Yusuf ruled that the publications damaged the reputation of the DSS officials and rejected SERAP’s defence of justification.
He awarded ₦100 million in damages, ₦1 million as cost, and ordered SERAP to publish a public apology on its website, X handle, two national newspapers and two television stations.
The judgment also directed that the unpaid sum would attract 10 per cent annual interest until it is fully settled.
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