A’Court Reserves Judgment in SERAP’s N100m Defamation Case

The Court of Appeal in Abuja has reserved judgment in an appeal filed by the Socio-Economic Rights and Accountability Project (SERAP) challenging a ₦100m defamation judgment awarded against the organisation by the Federal Capital Territory High Court.

A three-member panel led by Justice Danlami Senchi reserved judgment on Tuesday after hearing arguments from SERAP’s counsel, Tayo Oyetibo, a Senior Advocate of Nigeria, and counsel for the respondents, O.S. Kehinde.

The appeal challenges a judgment delivered on May 5, 2026, by Justice Yusuf Halilu, which found SERAP liable for defamation over publications concerning two operatives of the Department of State Services (DSS), Sarah John and Gabriel Ogundele.

The dispute arose from publications issued by SERAP in September 2024 alleging that security operatives unlawfully entered its Abuja office. The officers argued that the publications referred to them and damaged their reputations.

In his submissions, Oyetibo argued that the trial court lacked jurisdiction to award damages in favour of Sarah John because the publication allegedly referred to Sarah David. He also questioned how the trial judge established the identity of the person described in the publication without photographic evidence.

Oyetibo urged the appellate court to set aside the judgment, arguing that the claimants had not established that the descriptions in the publications identified them specifically.

However, Kehinde urged the court to dismiss the appeal, arguing that SERAP had failed to prove that Sarah John and Sarah David were different individuals. He maintained that a person could recognise themselves from a publication through its description, even where their name was not expressly stated.

The Court of Appeal also struck out applications by Columbia University, the United Nations Special Rapporteur on the rights to freedom of assembly, and the Southern Africa Litigation Centre seeking to participate in the proceedings as friends of the court. The applicants withdrew their requests after the panel indicated that their intervention was unnecessary.

Justice Senchi said the date for judgment would be communicated to the parties.

The May judgment awarded ₦100m in damages against SERAP and ordered the organisation to publish an apology. SERAP and its deputy director, Kolawole Oluwadare, filed separate appeals challenging the ruling.

The appellate court’s decision is now awaited, with the dispute raising questions about identification in defamation claims and the protection of public-interest advocacy.