Court reserves judgment in DSS’ N5.5b defamation suit against SERAP
A High Court of the Federal Capital Territory (FCT) in Maitama, Abuja, has reserved judgment till a date to be communicated to parties, in a N5.5 billion defamation suit filed
A High Court of the Federal Capital Territory (FCT) in Maitama, Abuja, has reserved judgment till a date to be communicated to parties, in a N5.5 billion defamation suit filed by two operatives of the Department of State Services (DDS) against the Socio-economic Rights and Accountability Project (SERAP).
Justice Halilu Yusuf made the announcement yesterday after lawyers to the parties adopted their final written addresses and made their final submissions in the suit filed by the two officers, Sarah John and Gabriel Ogundele.
Listed with SERAP as defendants in the suit is its Deputy Director, Kolawole Oluwadare.
The claimants, in the suit, accused SERAP of making false claims that John and Ogundele invaded their Abuja office on September 9, 2024.
Adopting the final written addresses of the claimants, their lawyer, Oluwagbemileke Kehinde, urged the court to grant all the reliefs his clients sought.
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Kehinde faulted the competence of the 12-page reply address filed for the second defendant, arguing that it violated Order 39, Rule 2 of the court’s Rules, which provides that the reply address should not exceed 10 pages.
The lawyer urged the court to discountenance the address, saying the claimants substantially proved their case, having established that the officers were the people referred to in the alleged defamatory publication the defendants made.
Kehinde argued that not every person in society must know the claimants before they can succeed in a defamation claim.
The lawyer said it was sufficient that the claimants’ colleagues were aware of the alleged defamatory publication and understood that it referred to them.
He added: “All the ingredients of defamation have been priced; it referred to the claimants and there is no denial that there was a publication.”
Counsel to SERAP, Victoria Bassey, urged the court to dismiss the suit.
Although her final address was filed out of time, the court deemed it properly filed. She argued that the claimants were not specifically named in the publication and failed to prove that they were the persons referred to.
Oluwadare’s lawyer, Oluwatosin Adesioye, aligned with SERAP’s position, questioning the court’s jurisdiction.
Adesioye argued that the claimants failed to show that the DSS is recognised under the National Security Agencies Act, which refers to the State Security Service (SSS). He further contended that the claimants’ final written address exceeded the 30-page limit by five pages.
During defence testimony on November 24, last year, Oluwadare admitted publishing the statement based on information from Vivian Amadi, a receptionist at SERAP’s Abuja office.
The lawyer said he was not present during the visit but was informed of the DSS officers’ presence.
In the publication on SERAP’s website, Oluwadare alleged that DSS officials unlawfully invaded the office, intimidated and harassed staff, and called on President Bola Tinubu to intervene.
In court, he admitted using the words “unlawful,” “intimidating,” and “harassing,” but denied they amounted to serious allegations against the claimants.
The SERAP deputy director acknowledged that he did not verify the information with the DSS before publication.
Oluwadare also confirmed that the officers did not brandish weapons, damage property, assault staff or force entry into the office.
The SERAP official said he was told that Sarah John made calls preventing additional DSS officials from entering the premises and claimed that CCTV footage exists of the visit.
The claimants maintain that the publication damaged their reputations and that of the DSS. They stated that their visit to SERAP’s office at 18 Bamako Street, Wuse Zone 1, Abuja, was part of a routine engagement with non-governmental organisations to foster relationships with new leadership.
According to them, they met a staff member identified as Ruth, who advised that a formal letter be sent since management was out of the country. They said their interaction was cordial and recorded.
The claimants expressed surprise that shortly after their departure, SERAP posted on its X handle (@SERAPNigeria) that DSS officers were unlawfully occupying its office. A statement later published on SERAP’s website described the officers as “a tall, large, dark-skinned woman” and “a slim, dark-skinned man” who allegedly invaded and interrogated staff.
They said the publication led to the criticism of the DSS by international organisations, including Amnesty International, and prominent Nigerians such as Femi Falana (SAN).
They argued that it created the impression that the Federal Government was using the DSS to harass SERAP and that they had conducted an unsanctioned operation.
They are seeking an order directing the defendants to publish an apology on SERAP’s website and X handle, as well as in Punch and Vanguard newspapers and on Arise Television and Channels Television.
They are also asking for N5 billion in damages, 10 per cent annual interest from the date of judgment until payment, and N50 million as cost.
Judgment is awaited.
