Court awards N101m against SERAP for defaming DSS' officials
A High Court of the Federal Capital Territory (FCT) sitting in Maitama has awarded N101million in damages and costs against the Socio-economic Rights and Accountability Project (SERAP), having found that
A High Court of the Federal Capital Territory (FCT) sitting in Maitama has awarded N101million in damages and costs against the Socio-economic Rights and Accountability Project (SERAP), having found that it defamed two officials of the Department of State Services (DSS) through a false publication it made on September 10, 2024.
The DSS officials - Sarah John and Gabriel Ogundele - had sued SERAP and its Deputy Director, Kolawole Oluwadare, accusing them of making false claims in publications on the group's website and social media platforms that the claimants invaded their Abuja office on September 9, 2024 and subjected them to harassment.
In a judgment on Tuesday on the suit marked: CV/4547/2024, Justice Halilu Yusuf held, among others, that claimants led sufficient evidence that effectively established all the ingredients of defamation.
Justice Yusuf rejected that defence of justification raised by SERAP and Oluwadare on the grounds that they failed to provide evidence that their publications were not based on falsehood.
The judge noted that the words like invasion, forceful entry and harassment were used inaccurately, the defendants having admitted at trial that the DSS officials did not forcefully enter SERAP's premises and did not brandish any weapon.
He held that the defendants' publications injured the claimants' reputations in their professional capacity and standing in society.
Justice Yusuf said, "Having been unable to establish invasion and harassment, the defence of justification fails. There is no doubt that the publication affected the claimants mentally and psychologically."
The judge said, going forward, it was necessary for care and due diligence on the part of SERAP and its officials before releasing information to the public.
He added that, in exercising their right to tweet and disseminate information, the defendants should be aware of others' rights, particularly as they relate to government agencies and their officials.
The judge dismissed the defendants' objection to the suit's competence and held that the claimants possessed the requisite locus standi to file the suit, over which the court has jurisdiction to entertain.
He held that, contrary to the defendants' argument, the claimants must not be named in the publication complained of for defamation to be established.
Justice Yusuf noted that from when the claimants complained about the inaccuracy of the publications, the defendants failed to take any steps to pull down the injurious publication.
He proceeded to adjudge the publications defamatory and awarded damages of N100 million against the defendants, in addition to N1 million for the cost of prosecuting the suit.
The judge also ordered the defendants to publish a public apology on SERAP's website, on their X handle, in two national daily newspapers, and on two television stations.
He held that the judgment sum shall attract 10 per cent per annum from the date of the judgment until the sum is paid by the defendants.
