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FCT High Court Fixes May 5 for Judgment in ₦5.5bn DSS–SERAP Defamation Suit

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The Federal Capital Territory (FCT) High Court has scheduled May 5, 2026, for the delivery of judgment in a ₦5.5 billion defamation suit filed by two operatives of the Department of State Services (DSS) against the Socio-Economic Rights and Accountability Project (SERAP) and one of its senior officials.

Justice Halilu Yusuf fixed the date following the conclusion of arguments from all parties in the matter, marked CV/4547/2024. The notice of judgment was communicated to counsel after the court had earlier reserved its decision on February 19.

The claimants, Sarah John and Gabriel Ogundele, both DSS officials, instituted the suit against SERAP and its Deputy Director, Kolawole Oluwadare, alleging that the organisation published defamatory statements concerning their visit to SERAP’s Abuja office on September 9, 2024.

According to the claimants, SERAP falsely accused them of unlawfully invading its office and interrogating staff—an allegation they insist has caused significant reputational damage both personally and institutionally.

Through their counsel, Oluwagbemileke Samuel Kehinde, the claimants argued that although the publication did not explicitly mention their names, the circumstances clearly identified them as the individuals referenced. He maintained that all elements required to establish defamation had been sufficiently proven and urged the court to grant the reliefs sought.

In response, SERAP’s counsel, Victoria Bassey, challenged the claims, arguing that the publication merely referred to “DSS officials” without identifying any specific individuals. She contended that the claimants failed to establish that they were the subjects of the alleged defamatory statements, a key requirement for success in such actions.

Counsel to the second defendant, Oluwatosin Adefioye, aligned with this position, further asserting that there was no dispute that DSS operatives visited SERAP’s office on the stated date. He argued that the absence of specific identification in the publication weakens the claimants’ case.

Adefioye also raised a legal point, stating that the entity referred to as the “Department of State Services” is not recognised in law, suggesting that only the National Security Agency has legal standing in such matters.

The claimants, however, maintained that their visit to SERAP’s office was official and routine, aimed at fostering institutional engagement with the organisation’s leadership. They described the interaction as cordial and denied any form of intimidation or unlawful conduct.

They further alleged that shortly after their visit, SERAP posted on its X (formerly Twitter) handle and website that DSS operatives were unlawfully occupying its office. The publication, which described the officials in physical terms, was subsequently amplified by multiple media outlets.

The claimants argue that the statements attracted widespread criticism from both local and international observers, including Amnesty International and senior legal practitioner Femi Falana (SAN), thereby damaging their professional standing and portraying them as acting outside official directives.

As part of their reliefs, the DSS operatives are seeking a public apology to be published on SERAP’s website, social media platforms, and major national media outlets, including Punch, Vanguard, Arise Television, and Channels Television.

They are also asking the court to award ₦5 billion in damages for the alleged libel, alongside 10 percent annual interest on the judgment sum until full payment, and ₦50 million as the cost of litigation.

The court’s ruling on May 5 is expected to address critical questions surrounding identification in defamation claims and the boundaries of institutional accountability in public discourse.

Mike Ojo

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