Socio-Economic Rights and Accountability Project (SERAP)

*Bars UN Rapporteurs, Columbia University From SERAP Vs SSS 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 ₦100 million defamation judgment entered against it by the Federal Capital Territory High Court.

A three-member panel of the appellate court, presided over by Justice Danlami Senchi, reserved judgment on Tuesday after hearing arguments from counsel for the parties.

SERAP was represented by Tayo Oyetibo, SAN, while O.S. Kehinde appeared for the first and second respondents.

The appeal arose from the judgment delivered on May 5, 2026, by Justice Yusuf Halilu of the FCT High Court, which awarded ₦100 million in damages against SERAP in the defamation action.

Arguing the appeal, Oyetibo challenged the jurisdiction of the trial court to award damages in favour of Sarah John over a publication which SERAP maintained referred to another person identified as Sarah David.

The senior lawyer also questioned the evidential basis upon which the trial court identified the person described in the publication as a “tall, large, dark-skinned” woman, contending that no photograph or other identifying material had been produced.

He urged the Court of Appeal to allow the appeal and set aside the judgment of the lower court.

Kehinde, however, urged the appellate court to dismiss the appeal, arguing that SERAP failed to establish that Sarah John and Sarah David were different persons.

He further submitted that a person could identify themselves from the description contained in a publication even where their name was not expressly mentioned.

The proceedings also featured 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 appeal as amici curiae, or friends of the court.

The applicants subsequently withdrew their applications after the appellate court indicated that it saw no need for their intervention in the matter. The applications were consequently struck out.

Following the arguments by counsel, Justice Senchi announced that judgment had been reserved and said the parties would be notified when a date was fixed for its delivery.

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