The Court of Appeal in Abuja on Friday adjourned until October 13 the hearing of two appeals arising from a defamation suit in which the Federal Capital Territory High Court ordered the Incorporated Trustees of the Socio-Economic Rights and Accountability Project (SERAP) to pay ₦100m in damages to two Department of State Services (DSS) officers.
The three-member special panel, presided over by Justice Danlami Senchi, vacated its earlier decision to reserve judgment in SERAP’s appeal after discovering that a second appeal arising from the same lower court judgment was not ready for hearing.
The appeals, marked CA/ABJ/CV/1114/2026 and CA/ABJ/CV/1105/2026, were filed by SERAP and Kolawole Oluwadare, respectively, against Sarah John and two others.
SERAP is challenging the judgment delivered on May 5, 2026, by Justice Yusuf Halilu of the FCT High Court, which found the organisation liable for defamation over publications concerning an alleged visit by DSS officers to its Abuja office in September 2024.
The organisation has argued that the officers were not identified by name in the publications and that the claimants failed to provide credible evidence establishing that the descriptions used referred specifically to them.
At Friday’s proceedings, the panel initially reserved judgment in SERAP’s appeal for a date to be communicated to the parties.
However, when Oluwadare’s appeal came up, his counsel, Hannah Ayanwale, informed the court that the matter was not ready for hearing because the appellant’s brief had only been filed the previous day.
She also explained that a process had inadvertently been omitted from the additional record of appeal, which was equally filed the previous day.
Akinlolu Kehinde, SAN, who represented the first and second respondents in the second appeal, argued that the case amounted to an abuse of court process, noting that the matter had been heard jointly at the lower court.
He said the respondents had assumed that the appeal had been withdrawn because the appellant’s counsel had failed to file the necessary processes within the stipulated time.
Kehinde apologised for not filing an application challenging the appeal earlier and requested time to submit the respondents’ briefs.
Paul Ngbeoma, counsel for the third respondent, also apologised to the court, explaining that his client would not file any processes but would participate in the hearing.
The panel faulted the respondents’ counsel for failing to inform the court earlier that the second appeal was not ready for hearing, particularly as it had already been listed for proceedings.
Both counsel confirmed that the appellant’s brief in the second appeal had been served on them in court that morning.
Senchi stressed that the court ought to have been informed of the situation before the matter was called, adding that service of the brief meant the appeal remained active.
“It is not for you to say whether an appeal is removed. Only the court can make that pronouncement,” the judge said.
The court subsequently directed the first and second respondents to file their briefs by Monday, October 12, while the appellant was ordered to file a reply by Tuesday morning.
Explaining its decision to vacate the earlier order reserving judgment in SERAP’s appeal, the panel said none of the counsel had drawn its attention to the fact that both appeals arose from the same judgment of the lower court.
The judge held that the second appeal’s unreadiness for hearing affected the earlier decision to reserve judgment in SERAP’s appeal, making it necessary for both matters to be heard together.
“Both appeals will now be slated to come up on the same date for hearing. Both appeals are hereby adjourned till the 13th day of October, 2026, for hearing, while the first and second respondents will file their briefs latest on Monday, while the appellant must file their reply latest on Tuesday morning,” Senchi said.
The dispute arose from publications made by SERAP on September 9, 2024, alleging that DSS officers unlawfully entered its Abuja office after the organisation called on President Bola Tinubu to investigate corruption allegations at the Nigerian National Petroleum Company Limited and reverse increases in fuel prices.
The publications reportedly described the officers as “a tall, large, dark-skinned woman” and “a slim, dark-skinned man” without identifying them by name.
The two officers subsequently instituted a defamation suit against SERAP. On May 5, 2026, the FCT High Court ruled in their favour and awarded ₦100m in damages against the organisation.
In its appeal, SERAP challenged the findings of liability, the award of damages and consequential orders, including the directive requiring it to publish an apology.
The organisation argued that the claimants failed to establish that the publications referred specifically to them, noting that neither publication identified them by name, rank, designation, office or photograph.
SERAP also contended that no independent witness testified that they had read the publications and understood them to refer to the claimants.
It further challenged the trial court’s reliance on its own observation of the claimants’ physical appearance to establish identification.
The organisation maintained that the lower court’s reliance on claims that the publications had affected the officers mentally and psychologically and had gone viral was not supported by sufficient evidence of specific professional, financial or reputational injury.
It urged the Court of Appeal to set aside the judgment.
The appellate court is expected to hear both appeals on October 13, 2026.
