The High Court of the Federal Capital Territory (FCT) 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), Sarah John and Gabriel Ogundele, for what it described as unjust defamation in certain publications.
The court also directed SERAP to issue public apologies to the affected officers in two national newspapers, two television stations, and on its official website. In addition, the organisation was ordered to pay N1 million as cost of litigation and 10 percent annual post-judgment interest on the judgment sum until it is fully paid.
Delivering judgment on Tuesday, Justice Yusuf Halilu of the FCT High Court ruled in a suit filed by the DSS operatives, initially claiming N5.5 billion in damages against SERAP.
The judge held that SERAP was liable for defamation over allegations that DSS operatives unlawfully invaded its Abuja office, harassed, and intimidated staff in September 2024. The court found that the publication on SERAP’s website and X (formerly Twitter) handle, which alleged that DSS officials occupied its office with “sinister motives,” was not truthful.
Justice Halilu described the publication as being “in bad taste,” especially considering SERAP’s role as an organisation committed to transparency and accountability.
The claimants had named SERAP as the 1st defendant and its Deputy Director, Kolawole Oluwadare, as the 2nd defendant. They alleged that the defendants falsely claimed DSS officials invaded SERAP’s Abuja office on September 9, 2024.
Counsel to the DSS operatives, Oluwagbemileke Samuel Kehinde, urged the court to grant all reliefs sought, arguing that although the claimants’ names were not explicitly mentioned in the publication, surrounding circumstances clearly identified them as the officers referred to.
He maintained that all elements of defamation had been established and that the publication referred to identifiable DSS officials.
However, SERAP’s counsel, Victoria Bassey of Tayo Oyetibo, SAN, chambers, urged the court to dismiss the suit, arguing that the claimants failed to prove they were the individuals referred to in the publication, which only mentioned “DSS officials.”
She further argued that the claimants needed to establish special circumstances linking them directly to the alleged defamatory statements.
Similarly, counsel to the second defendant, Oluwatosin Adefioye, argued that since no specific individuals were named, the claimants failed to meet the legal threshold for defamation. He also contended that the Department of State Services is not a legally recognised entity under that name, but rather the National Security Agency.
In their statement of claim, Sarah John and Gabriel Ogundele alleged that they were acting on official instructions when they visited SERAP’s office at 18 Bamako Street, Wuse Zone 1, Abuja, on September 9, 2024, as part of routine engagement with NGOs.
They explained that during the visit, they met a staff member identified as Ruth, who informed them that SERAP’s management was unavailable and advised them to send a formal letter. The interaction, they said, was cordial and recorded.
The operatives further stated that shortly after their visit, SERAP published on its X handle and website that DSS officers had unlawfully occupied its office, a claim they said was false and damaging.
They also noted that the publication was widely circulated by media organisations and allegedly led to reputational damage for both them and the DSS, drawing criticism from groups such as Amnesty International and public figures including Femi Falana (SAN).
They argued that the publication made the DSS appear as though it was being used to harass civil society organisations, thereby damaging their professional reputation.
The claimants therefore sought an order compelling SERAP to issue public apologies via its website, X handle, two national newspapers, and two television stations, including Arise Television and Channels Television. They also requested N5 billion in damages, 10 percent annual interest, and N50 million as litigation costs.
Elijah Adeyemi
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