Court of Appeal to Hear SERAP’s Appeal Against ₦101 Million Defamation Judgment Friday

The Court of Appeal in Abuja will on Friday hear an appeal filed by the Socio-Economic Rights and Accountability Project (SERAP), challenging a Federal Capital Territory High Court judgment that awarded ₦101 million in damages and costs against the organization and its Deputy Director, Kolawole Oluwadare.

The appeal, marked CA/ABJ/CV/1114/2026, follows a May 5, 2026, judgment by Justice Halilu Yusuf in a defamation suit filed by two Department of State Services (DSS) officials, Sarah John and Gabriel Ogundele.

The officials accused SERAP and Oluwadare of publishing false claims that they invaded SERAP’s Abuja office on Sept. 9, 2024, and harassed its staff.

Justice Yusuf found that the publications were defamatory and awarded ₦100 million in damages and ₦1 million in costs.

He also ordered SERAP to publish a public apology on its website and X account, as well as in two national newspapers and two television stations.

The judgment sum was also ordered to attract 10% annual interest until it is fully paid.

SERAP, however, is asking the appellate court to overturn the judgment, arguing that the trial court erred in finding that the publications identified the two DSS officials.

In its appellant’s brief, dated Sept. 3, 2026, and filed by its counsel, Tayo Oyetibo, SAN, SERAP said: “The publications did not name the respondents, and the descriptions relied upon were general physical descriptions which did not, without more, identify the particular individuals who brought the action.”

The organization also challenged the evidence relied upon to establish identification, falsity and reputational injury, arguing that no independent witness testified that the publications were understood to refer specifically to the two officials.

SERAP further argued that the publications concerned the conduct of security officials visiting its Abuja office and amounted to comment on a matter of legitimate public interest.

“The protection of reputation and the protection of freedom of expression must be carefully balanced,” SERAP said, stressing that the balance was particularly important when speech concerns security agencies and other public authorities.

The organization also challenged the trial court’s handling of its defenses, including justification and qualified privilege, and argued that the ₦100 million award was excessive and unsupported by the evidence.

SERAP is urging the Court of Appeal to set aside the judgment and the consequential orders, saying civil society organizations must be able to scrutinize public institutions without facing disproportionate legal consequences.

The hearing is scheduled for Friday in Abuja.