Court held SERAP defamed DSS, awards agency N100m damages

Gavel

The Federal Capital Territory High Court in Abuja on Tuesday held that the Socio-Economic Rights and Accountability Project (SERAP) defamed the Department of State Services (DSS), awarding N100 million damages against the organisation.

Justice Yusuf Halilu, who delivered the judgment in the defamation suit filed by the DSS, held that the publication by SERAP falsely portrayed DSS operatives as acting unlawfully and harassing the group’s staff.

The judge said the central issue before the court was whether the claimants proved defamation and were entitled to reliefs sought. He noted that the defendants failed to challenge the oath evidence presented by the claimants.

According to the court, defamation remains a distinct legal wrong that exposes a person to hatred, ridicule, or contempt, covering both libel and slander.

Justice Halilu held that the publication complained of was libellous once it was shown to have been published and capable of damaging the reputation of the claimants.

“From the context of the documents before the court, it is settled there was a publication,” the judge said while referring to exhibits tendered on March 21, 2025.

The court found that although SERAP did not expressly mention the names of the DSS operatives, the physical descriptions contained in the publication clearly identified them.

“I have taken judicial notice of their features, and all suit the claimants in this case,” Justice Halilu stated.

He ruled that the publication conveyed the impression that the DSS officers unlawfully occupied SERAP’s office and intimidated its staff, thereby injuring their professional reputation.

“Allegations of intimidation and harassment should not be attributed to DSS officers as in this case,” the judge held, adding that the publication was capable of damaging the officers both professionally and psychologically.

The court consequently awarded N100 million damages against SERAP and ordered the organisation to publish apologies in national newspapers and on television platforms.

The DSS, formerly known as the State Security Service (SSS), had filed the suit in October 2024 alongside two operatives, Sarah John and Gabriel Ogundele, over allegations that DSS officials invaded SERAP’s Abuja office in September 2024.

The plaintiffs sought N5 billion damages, arguing that the allegation, widely circulated on social media and reported by several media organisations, seriously tarnished their image.

While the DSS denied invading SERAP’s office or harassing its staff, SERAP maintained in its defence that operatives of the agency stormed its Abuja office shortly after the organisation wrote President Bola Tinubu over alleged corruption in the Nigerian National Petroleum Company Limited (NNPCL) and fuel price hikes.

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