*Panel returns file to presiding justice Alex Enumah in Abuja Hearing in the appeal by the Incorporated Trustees of the Socio-economic Rights and Accountability Project (SERAP), against a N100 million judgment debt, for the second time in less than one week failed to proceed as scheduled. Recall that SERAP and a Deputy Director, kolawole Ogundare, are in two separate appeals challenging the May 5 judgment of a High Court of the Federal Capital Territory (FCT), which found them guilty of defamatory publication against the Department of State Service (DSS) and two of its officials. However, hearing in the appeals was bungled owing to some complications surrounding some applications brought by Ogundare’s lawyer. While the appeal filed by the Non-Governmental Organization is marked: CA/ABJ/CV/1114/2026, that of the deputy director is marked: CA/ABJ/CV/1105/2026. Just like last week Friday, the appellate court heard the case of SERAP and reserved judgment but had to abort further proceedings following their inability to comprehend and proceed with the sister case (Ogundare’s appeal). The development on Tuesday forced the three-member special panel led by Justice Justice Danlami Senchi to hands off from the trial and return the file to the Presiding Justice of the Abuja division of the Court of Appeal, for reassignment to another. It would be recalled that the special panel had slated October 9 for expeditious trial in the two appeals, seeking to reverse the guilty verdict and avoid the payment of the sum of N101 million as damages for defamation against agency and its two officials. The matter was stalled at the last hearing owing to late filing of the deputy director’s appeal against the judgment of the trial court. The appellate court subsequently adjourned to October 13, for hearing and possible adjournment for judgment but, this could not be realized as the panel had to return the file to the Presiding Justice, to be heard on a later date. After reserving judgment in the first appeal, the panel proceeded to hear that of the deputy director. His lawyer, Mr Oluwatosin Adesioye, sought the court’s permission to amend the reliefs in a pending application concerning additional records of appeal and an extension of time to appeal against the ruling and judgment of the lower court. Responding, the panel expressed reservations about the application, adding that the court was “finding it difficult to grant the prayers”. Senchi subsequently advised the counsel to refine the application owing to its complicated nature. Taking the hint from the court, Adesioye subsequently withdrew the application and sought for a short date to enable him amend the processes. But, the panel however noted that they don’t have the luxury of time hence, the decision to return the file to the Presiding Justice for reassignment. “All the two files are hereby returned to the Presiding Justice, Abuja Dvision… for decision on a date for hearing of both appeals that is going to be communicated to the parties,” Justice Senchi said. Adding that, “In the same breath, the earlier appeal numbered CA/ABJ/CV/1114/2026 and… the order reserving the appeal for judgment, is hereby vacated.” Earlier, a mild drama ensued when SERAP’s lead counsel, Tayo Oyetibo, SAN, informed the court that an application was before it for certain persons to be joined as amici curiae (friends if the court) in the appeal. When the court obliged the senior lawyer, Professor Olarewaju Fagbohun, SAN, a former Vice Chancellor of the University of Lagos, to address the court, Fagbohun introduced himself as representing the University of Columbus, acting through its Colombian Global Freedom of Expression Initiative United Nations Special Rapporteurs on Rights to freedom of Assembly and of association. He also told the court that he and other lawyers were of the United Nations Special Rapporteurs on the promotion and protection of rights to freedom of opinion and expression. However, the appellate court declined to entertain them on the grounds that the court did not invite them and that they were not parties both at the trial court and the instant court. “Did the court invite you? Let’s be serious. This is the kind of image we create that is not good for us. We didn’t invite you. On behalf of whom? You’re supposed to be a guide to the junior lawyers in court. “I said earlier that we are not here to speak long grammar or waste the court’s time. We didn’t seek for any assistance. We didn’t invite you,” Senchi declared. Taking a hint from the court, Professor Fagbohun promptly withdrew the application and apologized to the court.The withdrawal and apology promoted the judge to commend him, stressing, “your juniors here will be happy for that.” Apparently taking a cue from the professor, Mojirayo Ogunlana, who repr
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