Appeal Court Orders Reassignment Of N100m SERAP Suit

The Court of Appeal has returned two related cases involving the Socio-Economic Rights and Accountability Project (SERAP) to the President of the Court of Appeal for reassignment to a new panel of judges.

The court also cancelled earlier proceedings in one of the appeals.

The decision followed proceedings in Appeal No. CA/ABJ/CV/1114/2026, which arose from Suit No. FCT/HC/CV/4547/2024 involving SERAP, Sarah John, Gabriel Ogunleye and Kolawole Oluwadare.

During Tuesday’s proceedings, SERAP’s lawyer, Tayo Oyetibo, SAN, asked the court to overturn the lower court’s decision, arguing that it lacked the legal authority to hear the case.

Oyetibo said the person who visited the relevant office was identified as Sarah David, while the judgment was delivered in favour of Sarah John.

He argued that the difference in names raised a legal question that required the Court of Appeal’s attention.

The panel, led by Justice Danlami Senchi, had earlier reserved judgment in the appeal.

The court also rejected a request by legal experts to submit a document containing international legal opinions to assist the judges in considering the case.

Prof. Olarenwaju Fagbohun, SAN, and another senior lawyer appeared on behalf of Columbia University’s Global Freedom of Expression Initiative and two United Nations special rapporteurs.

The proposed contributors wanted to provide information on international laws protecting freedom of peaceful assembly, association, opinion and expression.

However, the court said it had not invited the experts and could obtain any international legal guidance it needed.

The court also rejected an application by Mojirayo Ogunlayo, who sought to join the case on behalf of the Southern African Litigation Centre.

In its ruling, the court directed that a fresh notice of appeal be included in the related case, CA/ABJ/CV/1115/2026.

It subsequently ordered that both appeals be returned to the President of the Court of Appeal for reassignment and cancelled the earlier proceedings in CA/ABJ/CV/1114/2026.