SERAP’s N101m Defamation Appeal Set For Friday Hearing

The Court of Appeal in Abuja has fixed Friday for hearing in the case filed by the Incorporated Trustees of the Socio-economic Rights and Accountability Project (SERAP) in relation to the May 5 judgment given against the group by an Abuja High Court.

The date was confirmed in a notice sent on Wednesday by the appellate court’s registry to parties in the appeal marked: CA/ABJ/CV/1114/2026.

Justice Halilu Yusuf of the Abuja High Court had, in the May 5 judgment, awarded N101 million in damages against SERAP and its Deputy Director, Kolawole Oluwadare.

The judge awarded the cost after holding that the defendants (SERAP and Oluwadare) defamed two officials of the Department of State Services (DSS) through a false publication they made on September 10, 2024.

The judgment was on the suit marked: CV/4547/2024 filed by the DSS officials – Sarah John and Gabriel Ogundele.

The applicants had accused SERAP and Oluwadare of making false claims in publications on the group’s website and social media platforms that the claimants allegedly invaded their Abuja office on Sept. 9, 2024, and subjected them to harassment.

Justice Yusuf held, among others, that claimants led sufficient evidence that effectively established all the ingredients of defamation.

Justice Yusuf rejected the defence by SERAP and Oluwadare on the grounds that they failed to provide evidence that their publications were not based on falsehood.

The judge noted that words like “invasion, forceful entry and harassment” were used inaccurately, the defendants, having admitted at trial that the DSS officials did not forcefully enter into SERAP’s premises and did not brandish any weapon.

He held that the publications made by the defendants injured the reputation of the claimants in their professional capacity and standing in the society.

Justice Yusuf had said: “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 further said going forward, it was necessary for care and due diligence on the part of SERAP and its officials before releasing information to the public.

He added that in the exercise of their right to tweet and send information out, the defendants should be aware of the rights of others, particularly as it relates to government agencies and their officials.

The judge dismissed the objection raised by the defendants against the competence of the suit and held that the claimants possessed the requisite locus standi to file the suit over which the court had the jurisdiction to entertain.

He held that as against the defendants’ argument, the claimants must not be named in the publication complained about for defamation to be established.

Justice Yusuf noted that from when the claimants complained about the inaccuracy of the publications, the defendants failed to take any steps to pull down the injurious publication.

He proceeded to adjudge the publications as defamatory and awarded damages of N100 million against the defendants in addition to N1m as cost of prosecuting the suit.

The judge also ordered the defendants to publish a public apology on SERAP’s website, X handle, two national daily newspapers and two television stations.

He held that the judgment sum shall attract 10 per cent interest per annum from the date of the judgment until the sum is fully paid by the defendants.