Socio-Economic Rights and Accountability Project (SERAP), on Tuesday, scuttled its own appeal against a N101 million defamation judgement 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 President of the Court of Appeal (PCA), to return the case file for re-assignment.
SERAP’s action on Tuesday was its second in less than a week. Last Friday, the failure of the Non Governmtal Organisation (NGO) to file it’s application forced the three-man panel, whose members flew into Abuja for their appeal, to adjourn until Tuesday.
However, after over an hour of trying to make sense of what counsel to SERAP’s deputy director, Kolawole Ogundare, was making, the frustrated panel decided to return the case file for reassignment.
A mild drama ensued early in the proceedings when SERAP’s lead counsel, Tayo Oyetibo, SAN, told 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, the eight vice chancellor of the University of Lagos, rose 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.
According to the professor, an application was before the court for some lawyers to serve as the court’s amici curiae (friends of the court).
The professor said the application was filed on October 12, stressing, “we’re seeking the leave of this hon court to participate in this appeal and assist the court with independent submissions.”
Responding, the lead judge, Justice Danlami Senchi, quizzed, “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,” the judge declared.
At this point, Professor Fagbohun quipped, “We are not adversarial. We’re actually trying to assist this court.”
The judge responded: “Every matter is decided on its merit. If you think that your interests will be injured, yes. But you’re not a party in the lower court and in this court. We didn’t invite you that we have a problem; come and help us. There are certain things we’ll see and say, ‘come and help us’. Just withdraw your application so that we can make progress. I don’t think there’s any need for this.”
At this point, 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 represented Southern African Litigation Centre, also withdrew her application to be the court’s amicus curiae.
After the panel reserved judgement on the first appeal by the Incorporated Trustees of SERAP, it moved to the other appeal, the same sister appeal by SERAP’s deputy director that caused last Friday’s adjournment.
Unimpressed by the counsels presentation, the judge stated that he “should have sought the counsel of your seniors.”
Said the judge, “Look at the way and manner your couched your prayers. We can’t grant this. You have to withdraw and refile it.
I think that Prof. Olarewaju was praying for this appeal not to continue. You just like to talk. This is a court of record. You’re before the Court of Appeal,” stressing, “we are sending this case file back for reassignment.”
