The Court of Appeal sitting in Abuja, on Tuesday, October 13, 2026, returned the case files in two consolidated appeals arising from a N101 million defamation judgment awarded against the Socio-Economic Rights and Accountability Project (SERAP) to the Presiding Judge of the appellate division for reassignment to another panel.
​The special panel, presided over by Justice Danlami Senchi, declined further hearing on the matters following a contentious interaction over a defective motion filed on behalf of SERAP by Professor Bambo Fagbohun.
​The proceedings took a dramatic turn during the morning session at the Court of Appeal Complex in Abuja when the panel expressed strong dissatisfaction with the manner in which a pending application was presented.
​Professor Fagbohun sought to introduce a brief containing comparative jurisprudence to assist the appellate court, arguing that the submission was non-adversarial and aimed purely at offering independent legal analysis.
​Justice Senchi firmly rejected the application, admonishing counsel for bringing uninvited filings that burden the court’s calendar.
​”Did the court invite you? Let’s be serious. This is the kind of image we create that is not good for us,” Justice Senchi remarked. “We are not here to speak long grammar or waste the court’s time. We didn’t seek for any assistance.”
​Pointing out that the prayers in the motion were fundamentally flawed, Justice Senchi directed counsel to withdraw the application.
​”Look at the way and manner you couched your prayers. We can’t grant this. You have to withdraw and refile it. This is a court of record,” Justice Senchi noted before declaring: “We are sending this case file back for reassignment.”
​Following the court’s reprimand, Professor Fagbohun formally withdrew the application and tendered an apology. In a related development, Mojirayo Ogunlana, representing the Southern African Litigation Centre (SALC), also withdrew a separate application seeking permission to join as amicus curiae (friend of the court).
​Tuesday’s recusal marks the second procedural setback for SERAP in less than a week, following an adjournment on Friday, October 9, when the court stalled hearing due to filing delays.
​The appeals stem from a May 5, 2026 judgment delivered by Justice Halilu Yusuf of the High Court of the Federal Capital Territory (FCT).
​Justice Yusuf ruled in favour of two Department of State Services (DSS) operatives, Sarah John and Gabriel Ogundele, holding that SERAP and its Deputy Director, Kolawole Oluwadare, defamed the officers through false publications released on September 10, 2024.
​The trial court found that terms such as “invasion,” “forceful entry,” and “harassment” were falsely used against the DSS operatives, who had visited SERAP’s office on routine administrative duty without brandishing weapons or using force.
Justice Yusuf awarded N100 million in damages in favour of the DSS operatives, N1 million as the cost of litigation, 10% interest per annum on the judgment sum until fully liquidated.
An order directing SERAP to publish an unreserved public apology across its official website, X (formerly Twitter) handle, two national newspapers, and two major television networks.
​SERAP and Oluwadare subsequently approached the Court of Appeal to overturn the verdict, arguing that the judgment is legally and procedurally flawed and that the trial court erred by inferring reputational harm without direct evidence.
​With the panel handing off the case, the court file will be formally remitted to the Presiding Judge of the Abuja Division of the Court of Appeal, who will reassign both appeals to a newly constituted panel. A new hearing date is expected to be communicated to all parties upon reassignment.
