Justice Halilu Yusuf of the High Court of the Federal Capital Territory (FCT) on Thursday reserved judgment indefinitely in a N5.5 billion defamation suit filed by two officials of the Department of State Services (DSS) against the non-governmental organization, Socio-Economic Rights and Accountability Project (SERAP).
The suit, marked CV/4547/2024, names SERAP as the first defendant and its Deputy Director, Kolawole Oluwadare, as the second defendant. DSS officials Sarah John and Gabriel Ogundele are the claimants, alleging that SERAP falsely accused them of invading the organization’s Abuja office on September 9, 2024.
During proceedings, DSS counsel, Oluwagbemileke Samuel Kehinde, urged the court to grant all reliefs sought, asserting that the defamation publication, though not naming the claimants directly, contained sufficient detail to identify them. He argued that all legal elements of defamation were met, linking the statements to the two DSS officials.
SERAP’s counsel, Victoria Bassey, countered, requesting the suit’s dismissal on the grounds that the claimants failed to prove they were the individuals referenced in the publication. Similarly, Oluwatosin Adefioye, representing the second defendant, emphasized that SERAP did not specifically name anyone and argued that “DSS” as an entity does not exist in law, pointing to the National Security Agency as the only recognized body.
The claimants detailed that their visit to SERAP’s office was official and routine, aimed at establishing a relationship with the organization’s new leadership. They claimed that contrary to this, SERAP published statements on its website and X (Twitter) describing their visit as an unlawful occupation, with detailed descriptions of their appearance. The claimants allege that the publications led to ridicule and criticism from international bodies, including Amnesty International, and prominent Nigerians like Femi Falana, SAN, as well as damaging their professional reputation within the DSS.
They are seeking:
- A public apology from SERAP via its website, Twitter handle, two national newspapers, and two national television stations.
- N5 billion in damages for the alleged defamation.
- 10% annual interest on the damages from the date of judgment until payment.
- N50 million to cover legal costs.
Justice Yusuf stated that parties would be notified when the judgment is ready.
This case highlights ongoing tensions between government agencies and civil society organizations over accountability and public statements.
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