Court of Appeal in Abuja has returned two appeals filed by the Socio-Economic Rights and Accountability Project (SERAP) and its Deputy Director, Kolawole Oluwadare, challenging a N100 million damages award over alleged defamation of two Department of State Services (DSS) operatives.
Gatekeepers News reports that the three-member panel, led by Justice Danlami Senchi, took the decision on Tuesday after vacating an earlier date fixed for judgment in SERAP’s appeal. The court returned both case files to the President of the Court of Appeal to determine a new date for hearing the appeals.
The appeals, marked CA/ABJ/CV/1114/2026 and CA/ABJ/CV/1105/2026, were filed separately by SERAP and Oluwadare against the judgment of the High Court of the Federal Capital Territory (FCT), Abuja, delivered on May 5, 2026.
During Tuesday’s proceedings, counsel for one of the appellants, Oluwatosin Adesioye, sought an extension of time to amend the reliefs being requested and submit additional records. Although the application was later withdrawn, the panel said it might not be able to conclude both appeals within the period allocated for its sitting.
The court subsequently directed that the files be returned to its president, with Justice Senchi stating that a new hearing date would be communicated to the parties.
The panel also declined to admit documents submitted by the Southern Africa Litigation Centre, United Nations special rapporteurs and Columbia University. The organisations had sought permission to contribute to the proceedings as amici curiae, meaning friends of the court, but the panel said it had not invited them to participate.
The dispute arose from a lawsuit filed by two DSS operatives, Sarah John and Gabriel Ogundele, over publications by SERAP in September 2024 alleging that security operatives invaded the organisation’s Abuja office and harassed a staff member.
In its May 5 judgment, Justice Yusuf Halilu held that the publications defamed the two operatives and awarded N100 million in damages against SERAP and Oluwadare. The court also ordered them to pay N1 million in litigation costs and publish apologies to the claimants on SERAP’s website, two national newspapers and two television stations.
The judgment further imposed an annual interest of 10 per cent on the damages until the amount is fully paid.
SERAP and Oluwadare are asking the Court of Appeal to overturn the judgment, arguing that the trial court made legal and evidential errors. SERAP has also challenged the finding that its publications referred personally to the two DSS operatives, maintaining that they were not identified by name, rank, photograph or any unique identifier.
