The Court of Appeal yesterday returned two related appeals involving the Socio-Economic Rights and Accountability Project (SERAP) to the Presiding Justice for reassignment to a new panel, while setting aside proceedings previously conducted in one of the cases.

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

The panel, led by Justice Danlami Senchi, had earlier reserved judgment in the appeal after hearing arguments from SERAP’s counsel, Tayo Oyetibo, SAN.

At Tuesday’s proceedings, Oyetibo adopted his processes and urged the court to allow the appeal, arguing that the lower court lacked jurisdiction to entertain the suit.

He drew the court’s attention to a discrepancy in the names of the individuals involved, noting that the person who visited the relevant office was identified as Sarah David, while the judgment was delivered in favour of Sarah John.
According to him, the discrepancy raised a jurisdictional issue that warranted the appellate court’s intervention.

The proceedings also featured applications by external legal experts and organisations seeking to assist the court with international jurisprudence on freedom of expression and related rights.

Prof. Olanrewaju Fagbohun, SAN, appeared alongside another senior advocate on behalf of Columbia University’s Global Freedom of Expression Initiative and two United Nations special rapporteurs: one on the rights to freedom of peaceful assembly and association, and the other on the promotion and protection of the right to freedom of opinion and expression.

The proposed contributors sought to submit an amicus curiae brief to assist the court in considering the issues raised in the appeal.

However, the court declined the request, stating that it had not invited the proposed contributors and was sufficiently equipped to obtain any international jurisprudential assistance necessary for its determination of the case.

The court also rejected an application by Mojirayo Ogunlayo, who appeared on behalf of the Southern African Litigation Centre, seeking to join the proceedings as an intervening party.

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

It also vacated the proceedings previously conducted in Appeal No. CA/ABJ/CV/1114/2026 and ordered that the two related appeals be returned to the Presiding Justice for reassignment to another panel.