Socio-Economic Rights and Accountability Project (SERAP), on Tuesday, scuttled its own appeal against a N101 million defamation judgment awarded in May by a High Court of the Federal Capital Territory (FCT), in favour of two operatives of the Department of State Services (DSS).
\nThe move prompted the special panel set up by the President of the Court of Appeal (PCA) to return the case file for re-assignment.<\/p>\n
SERAP\u2019s action on Tuesday was its second in less than a week. Last Friday, the failure of the Non-Governmental Organisation (NGO) to file its application forced the three-man panel, whose members flew into Abuja for their appeal, to adjourn until Tuesday.
\nHowever, after over an hour of trying to make sense of what counsel to SERAP\u2019s deputy director, Kolawole Ogundare, was saying, the frustrated panel decided to return the case file for reassignment.
\nA mild drama ensued early in the proceedings when SERAP\u2019s lead counsel, Tayo Oyetibo, SAN, told the court that an application was before it for certain persons to be joined as amici curiae (friends of the court) in the appeal.<\/p>\n
When the court obliged the senior lawyer, Professor Olarewaju Fagbohun, SAN, the eight vice chancellor of the University of Lagos, rose to address the court.
\nFagbohun introduced himself as representing the University of Columbus, acting through its Colombian Global Freedom of Expression Initiative United Nations Special Rapporteurs on the rights to freedom of Assembly and of association.
\nHe also told the court that he and other lawyers were among the United Nations Special Rapporteurs on the promotion and protection of rights to freedom of opinion and expression.
\nAccording to the professor, an application was before the court for some lawyers to serve as the court\u2019s amici curiae (friends of the court).<\/p>\n
The professor said the application was filed on October 12, stressing, \u201cWe\u2019re seeking the leave of this hon court to participate in this appeal and assist the court with independent submissions.\u201d
\nResponding, the lead judge, Justice Danlami Senchi, asked, \u201cDid the court invite you? Let\u2019s be serious. This is the kind of image we create that is not good for us. We didn\u2019t invite you. On behalf of whom? You\u2019re supposed to be a guide to the junior lawyers in court.
\n\u201cI said earlier that we are not here to speak long grammar or waste the court\u2019s time. We didn\u2019t seek for any assistance. We didn\u2019t invite you,\u201d the judge declared.<\/p>\n
At this point, Professor Fagbohun quipped, \u201cWe are not adversarial. We\u2019re actually trying to assist this court.\u201d
\nThe judge responded: \u201cEvery matter is decided on its merit. If you think that your interests will be injured, yes. But you\u2019re not a party in the lower court and in this court. We didn\u2019t invite you to say that we have a problem; come and help us. There are certain things we\u2019ll see and say, \u2018come and help us\u2019. Just withdraw your application so that we can make progress. I don\u2019t think there\u2019s any need for this.\u201d
\nAt this point, Professor Fagbohun promptly withdrew the application and apologized to the court.
\nThe withdrawal and apology prompted the judge to commend him, stressing, \u201cYour juniors here will be happy for that.\u201d
\nApparently taking a cue from the professor, Mojirayo Ogunlana, who represented the Southern African Litigation Centre, also withdrew her application to be the court\u2019s amicus curiae.
\nAfter the panel reserved judgment on the first appeal by the Incorporated Trustees of SERAP, it moved to the other appeal, the same sister appeal by SERAP\u2018s deputy director that caused last Friday\u2019s adjournment.
\nUnimpressed by counsel\u2019s presentation, the judge stated that he \u201cshould have sought the counsel of your seniors.\u201dSaid the judge, \u201cLook at the way and manner you couched your prayers. We can\u2019t grant this. You have to withdraw and refile it.
\nI think that Prof. Olarewaju was praying for this appeal not to continue. You just like to talk. This is a court of record. You\u2019re before the Court of Appeal,\u201d stressing, \u201cwe are sending this case file back for reassignment.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"
Socio-Economic Rights and Accountability Project (SERAP), on Tuesday, scuttled its own appeal against a N101 million defamation judgment awarded in May by a High Court of the Federal Capital Territory (FCT), in favour of two operatives of the Department of State Services (DSS). The move prompted the special panel set up by the President of […]<\/p>\n","protected":false},"author":14,"featured_media":84850,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[5],"tags":[],"class_list":["post-92745","post","type-post","status-publish","format-standard","has-post-thumbnail","category-news"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t