The Court of Appeal has ordered the reassignment of two related appeals involving the Socio-Economic Rights and Accountability Project (SERAP) to a new panel of judges.
The court also nullified earlier proceedings in one of the appeals as part of its directives.
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 hearing, SERAP’s counsel, Tayo Oyetibo, SAN, urged the appellate court to overturn the lower court’s decision, arguing that it lacked the legal authority to entertain the case.
Oyetibo told the court that the individual who visited the relevant office was identified as Sarah David, whereas the judgment was delivered in favour of Sarah John. He argued that the discrepancy in names raised a legal issue that warranted consideration by the appellate court.
The panel, led by Justice Danlami Senchi, had earlier reserved judgment in the appeal.
The court also declined a request by legal experts to submit a document containing international legal opinions for the judges’ consideration.
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 sought to provide guidance on international legal standards relating to the protection of freedom of peaceful assembly, association, opinion and expression.
However, the court said it had not invited the experts and maintained that it could obtain any international legal guidance required to determine the matter.
It also rejected an application by Mojirayo Ogunlayo, who sought to join the proceedings 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 to a new panel. The court also cancelled the earlier proceedings in Appeal No. CA/ABJ/CV/1114/2026.
