The Court of Appeal in Abuja has scheduled a hearing for an appeal filed by the Socio-economic Rights and Accountability Project (SERAP) against a N101 million defamation judgment. The judgment was awarded against SERAP and its Deputy Director, Kolawole Oluwadare, by the Abuja High Court on May 5. The court found SERAP and Oluwadare liable for defamatory publications concerning two officials of the Department of State Services (DSS), Sarah John and Gabriel Ogundele.
The original suit, marked CV/4547/2024, was filed by the two DSS officials over publications made by SERAP on its website and social media platforms. The publications alleged that the officials had invaded SERAP’s Abuja office on September 9, 2024, and subjected members of the organisation to harassment. Justice Halilu Yusuf of the Abuja High Court awarded N100 million in damages and an additional N1 million as the cost of prosecuting the suit.
The court also ordered SERAP and Oluwadare to publish a public apology on SERAP’s website and X account, as well as in two national newspapers and two television stations. Justice Yusuf held that the claimants had provided sufficient evidence to establish the ingredients of defamation. The court rejected the defendants’ justification, noting that SERAP and Oluwadare failed to establish that their publications were not based on false information.
A key issue in the judgment was the use of terms including “invasion,” “forceful entry” and “harassment.” The judge noted that the defendants had admitted during the trial that the DSS officials did not forcefully enter SERAP’s premises and did not brandish weapons. The court consequently found that the publications had damaged the professional reputation and standing of the claimants.
The ruling places a substantial financial burden on SERAP if the judgment is ultimately upheld. The court ordered that the N101 million judgment sum should attract 10 per cent annual interest from the date of judgment until full payment. For civil society organisations operating in Nigeria, the case highlights the financial and legal risks associated with public allegations against government officials and institutions.
The case raises broader questions about the balance between freedom of expression and protection against reputational harm. Civil society groups, journalists and advocacy organisations frequently rely on public communication to draw attention to alleged abuses, particularly where government agencies are involved. The need for accuracy and evidence therefore becomes especially important when allegations are published to large audiences through websites and social media.
The Court of Appeal hearing will now provide SERAP and Oluwadare an opportunity to challenge the findings and remedies imposed by the High Court. Its eventual decision could clarify the legal limits surrounding public-interest advocacy, online publications and allegations involving government officials. The case also underscores the growing importance of responsible digital communication in Nigeria.
Key points
- The Court of Appeal in Abuja has fixed a date for hearing in an appeal filed by SERAP against a N101 million defamation judgment.
- The judgment was awarded against SERAP and its Deputy Director, Kolawole Oluwadare, by the Abuja High Court on May 5.
- The case highlights the financial and legal risks associated with public allegations against government officials and institutions.