Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.
The Court of Appeal in Abuja has reserved judgment in an appeal filed by the Socio-Economic Rights and Accountability Project (SERAP) challenging a ₦100 million defamation judgment entered against the organisation by the Federal Capital Territory High Court.
A three-member panel presided over by Justice Danlami Senchi reserved judgment on Tuesday, October 13, 2026, after hearing arguments from SERAP’s counsel, Tayo Oyetibo, SAN, and counsel representing the respondents, O.S. Kehinde.
The court said the date for delivering its judgment would be communicated to the parties.
SERAP is challenging a judgment delivered on May 5, 2026, by Justice Yusuf Halilu, which found the organisation liable for defamation over publications concerning an alleged visit by Department of State Services (DSS) operatives to its Abuja office in September 2024.
The dispute followed publications by SERAP alleging that DSS officials unlawfully entered its office and harassed a staff member after the organisation called on President Bola Tinubu to investigate corruption allegations involving the Nigerian National Petroleum Company Limited and reverse increases in petrol prices.
The two DSS officials who instituted the action are Sarah John and Gabriel Ogundele.
In its appeal, SERAP argued that the trial court made fundamental legal and evidential errors in finding it liable for defamation. The organisation questioned whether the publications sufficiently identified the two officials and whether the claimants had established the necessary elements of defamation.
Arguing before the appellate court, Oyetibo challenged the trial court’s treatment of a description in the publication that allegedly referred to Sarah John. He questioned how the trial court verified the description of a “tall, large, dark-skinned” woman without a photograph, and argued that the publication referred to Sarah David rather than Sarah John.
He urged the appellate court to allow the appeal and set aside the lower court’s judgment.
However, Kehinde urged the panel to dismiss the appeal, arguing that SERAP had failed to establish that Sarah John and Sarah David were different people. He maintained that an individual could identify herself from a publication through the description provided, even where her name was not expressly mentioned.
The trial court had awarded ₦100 million in damages against SERAP and ordered it to pay ₦1 million in litigation costs. It also directed the organisation to publish a public apology on its website and X account, in two national newspapers and on two television stations.
The judgment further provided for 10 per cent annual interest on the damages until full payment.
SERAP has challenged the liability finding, the damages award and the consequential orders, arguing that the judgment raises questions about the legal requirements for proving defamation and the protection of freedom of expression and public-interest advocacy.
During Tuesday’s proceedings, the Court of Appeal also struck out applications by Columbia University, the United Nations Special Rapporteur on the rights to freedom of assembly and association, and the Southern Africa Litigation Centre seeking permission to participate in the appeal as friends of the court, or amici curiae. The applicants withdrew their requests after the panel indicated that it saw no need for their intervention.
The appellate court’s forthcoming judgment will determine whether the lower court’s decision against SERAP stands or is overturned. Until then, the ₦100 million defamation award remains subject to the outcome of the appeal.
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