The Socio-Economic Rights and Accountability Project (SERAP) suffered another setback on Tuesday in its bid to overturn a N101 million defamation judgment, after the Court of Appeal returned one of its appeals for reassignment following procedural issues.
The latest development came just days after the appeal was adjourned because SERAP failed to file the necessary application before the hearing.
A special panel of the Court of Appeal, constituted by the President of the Court of Appeal, had resumed hearing the matter in Abuja when fresh applications by lawyers seeking to participate as amici curiae (friends of the court) triggered lengthy arguments.
The N101 million judgment was awarded in May by a High Court of the Federal Capital Territory in favour of two operatives of the Department of State Services (DSS), who had sued SERAP over alleged defamation.
SERAP’s lead counsel, Chief Tayo Oyetibo (SAN), informed the court that applications had been filed by some individuals and organisations seeking leave to participate in the appeal as amici curiae.
Professor Olarewaju Fagbohun (SAN), former Vice-Chancellor of the University of Lagos, told the court he was appearing for the University of Columbus through its Colombian Global Freedom of Expression Initiative, as well as United Nations Special Rapporteurs on freedom of assembly, association and expression.
He urged the court to grant the application, saying, “We’re seeking the leave of this honourable court to participate in this appeal and assist the court with independent submissions.”
However, the presiding judge, Justice Danlami Senchi, questioned the request and made it clear that the court had not invited any external party to assist it.
“Did the court invite you? Let’s be serious. We didn’t invite you. I said earlier that we are not here to speak long grammar or waste the court’s time,” Justice Senchi said.
The judge added, “Every matter is decided on its merit. We didn’t invite you that we have a problem; come and help us. Just withdraw your application so that we can make progress.”
Professor Fagbohun immediately withdrew the application and apologised to the court. The judge commended the decision, saying, “Your juniors here will be happy for that.”
Another applicant, Mojirayo Ogunlana, who represented the Southern African Litigation Centre, also withdrew her application to appear as amicus curiae.
After hearing arguments in the appeal filed by the Incorporated Trustees of SERAP, the panel turned to a separate appeal filed by SERAP’s Deputy Director.
The court expressed dissatisfaction with the manner in which the application was prepared.
Justice Senchi told counsel that the application was defective and advised that it should be withdrawn and refiled.
“Look at the way and manner you couched your prayers. We can’t grant this. You have to withdraw and refile it,” the judge said.
He added, “You should have sought the counsel of your seniors. This is a court of record. You’re before the Court of Appeal.”
The panel subsequently directed that the case file be returned for reassignment, effectively bringing the day’s proceedings to an end.