Court Orders SERAP To Pay DSS Operatives ₦100m For Defamation

Justice Halilu Yusuf of the Federal Capital Territory High Court, Abuja, has ordered a non-governmental organisation, the Socio-Economic Rights and Accountability Project (SERAP), to pay N100 million in damages to two operatives of the Department of State Services (DSS) for defaming them in publications.

The court also ordered SERAP to tender public apologies to the officers, Sarah John and Gabriel Ogundele, in two national newspapers, two television stations, as well as on its website and Twitter handle.

In addition, the court awarded N1 million as the cost of litigation and imposed a 10 per cent post-judgment interest annually on the judgment sum until it is fully liquidated.

Justice Halilu delivered the judgment in a N5.5 billion defamation suit instituted against SERAP.

In his ruling, the judge held that SERAP defamed the two operatives through publications alleging that they unlawfully invaded its Abuja office and harassed and intimidated its officials in September 2024.

According to the court, SERAP had, in publications on its website and Twitter handle, alleged that DSS operatives invaded and occupied its office with what it described as sinister motives.

The judge held that the publication was in bad taste, particularly from an organisation established to promote transparency and accountability, and found that the claims were not true.

The suit was filed in the names of the two DSS officials — Sarah John and Gabriel Ogundele — who accused SERAP of making false claims that they invaded the organisation’s Abuja office on September 9, 2024.

Counsel to the DSS, Oluwagbemileke Samuel Kehinde, while adopting his final address, urged the court to grant all the reliefs sought by his clients in the interest of justice.

He acknowledged that the names of the claimants were not expressly mentioned in the publications but argued that they had established sufficient circumstances showing they were the persons referred to in the alleged defamatory materials published by SERAP.

He further submitted that all the ingredients of defamation had been established and that the publication referred to the two DSS officials.

However, SERAP, through its counsel, Victoria Bassey of Tayo Oyetibo SAN Law Firm, urged the court to dismiss the suit, arguing that the claimants failed to prove that they were the individuals referred to in the publications.

She stated that SERAP used the term “DSS officials” and that the claimants were required to establish that they were the persons referred to before their case could succeed.

Similarly, Oluwatosin Adefioye, who appeared for the second defendant, argued that there was no dispute regarding the September 9, 2024 visit by DSS operatives to SERAP’s office.

He maintained that since no individual was named in the publication, the claimants needed to plead special circumstances to establish that they were the persons referred to.

He also argued that there is no organisation known in law as the Department of State Service, adding that the entity recognised by law is the National Security Agency.

In their statement of claim, the claimants said the publications negatively affected the reputation of the DSS and the two officials involved.

They stated that, in line with its practice of engaging non-governmental organisations operating in the FCT, the DSS directed the two officials — John and Ogundele — to visit SERAP’s office and invite its leadership for a familiarisation meeting.

According to the claimants, John and Ogundele visited SERAP’s office at 18 Bamako Street, Wuse Zone 1, Abuja, on September 9 and met a staff member identified as Ruth, who informed them that the organisation’s management was not in the country and advised that a formal letter be sent.

They said that before leaving, Ruth promised to inform the organisation’s management of the visit and provided a phone number — 08160537202.

The claimants said it was surprising that shortly after the visit, SERAP posted on its X (formerly Twitter) handle, @SERAPNigeria, that DSS officers were unlawfully occupying its office.

They added that “on the same day, the defendants also published a statement on SERAP’s website, which was widely reported by several media outfits, falsely alleging that some officers from the DSS, described as ‘a tall, large, dark-skinned woman’ and ‘a slim, dark-skinned man,’ invaded their Abuja office and interrogated the staff of the first defendant (SERAP).”

John and Ogundele further stated that “due to the false statements published by the defendants, the DSS has been ridiculed and criticised by international agencies such as Amnesty International and prominent members of Nigerian society, such as Femi Falana (SAN).

“Due to the false statements published by the defendants, members of the public and the international community formed the opinion that the Federal Government is using the DSS to harass the defendants.”

They also stated that the publications harmed their reputation, as staff and management of the DSS allegedly formed the view that they carried out an unsanctioned operation and were therefore incompetent and unprofessional.

The claimants had sought, among other reliefs, “an order directing the defendants to tender an apology to the claimants via the first defendant’s (SERAP’s) website, X (Twitter) handle, two national daily newspapers (Punch and Vanguard) and two national news television stations (Arise Television and Channels Television) for falsely accusing the claimants of unlawfully invading the first defendant’s office and interrogating the first defendant’s staff.

“An order directing the defendants to pay the claimants the sum of N5 billion as damages for the libellous statements published about the claimants.

“Interest on the sum of N5 billion at the rate of 10 per cent per annum from the date of judgment until the judgment sum is realised or liquidated.

“An order directing the defendants to pay the claimants the sum of N50 million as costs of this action.”