The Court of Appeal in Abuja has declined to allow Columbia University, United Nations special rapporteurs and the Southern Africa Litigation Centre to participate in the appeal filed by the Socio-Economic Rights and Accountability Project (SERAP) against a N100 million defamation judgment.
The applicants had sought to participate as amici curiae, or friends of the court, a status that allows non-parties to offer assistance on legal issues. However, they withdrew their applications after the three-member panel indicated that it saw no need for their intervention.
The development came as SERAP challenged a judgment delivered on May 5, 2026, by Justice Yusuf Halilu of the Federal Capital Territory High Court, which awarded N100 million in damages to two Department of State Services (DSS) officials over publications concerning an alleged invasion of the organisation’s Abuja office.
The panel, led by Justice Danlami Senchi, reserved judgment after hearing arguments from SERAP’s counsel, Tayo Oyetibo, SAN, and counsel for the respondents, O.S. Kehinde. The court said the date for delivering its decision would be communicated to the parties.
During the appeal, Oyetibo argued that the trial court lacked jurisdiction to award damages in favour of Sarah John over a publication he said allegedly referred to Sarah David. He also questioned how the trial court established that a description of a “tall, large, dark-skinned” woman identified the claimant without a photograph.
The lawyer urged the appellate court to set aside the lower court’s decision, arguing that the findings on identification and jurisdiction were flawed.
However, Kehinde urged the Court of Appeal to dismiss SERAP’s appeal, contending that the organisation had failed to establish that Sarah John and Sarah David were different people. He argued that a person could identify themselves from a publication through its description even when their name was not expressly mentioned.
The N100 million award arose from a suit filed by two DSS officials, Sarah John and Gabriel Ogundele, over SERAP’s September 2024 publications alleging that security operatives unlawfully entered its Abuja office.
In its May 5, 2026 judgment, the FCT High Court, presided over by Justice Yusuf Halilu, found in favour of the two officials and awarded N100 million in damages against SERAP. The court also ordered the organisation to pay N1 million in litigation costs and publish public apologies in specified media outlets.
SERAP subsequently challenged the ruling at the Court of Appeal, contesting the trial court’s findings and asking the appellate court to overturn the judgment.
The appeal remains unresolved, with the Court of Appeal expected to communicate the date for its decision.