The High Court of the Federal Capital Territory, Abuja, has ordered the Socio-Economic Rights and Accountability Project to pay N100m as damages to two operatives of the Department of State Services after finding the organisation guilty of defamation.
Justice Yusuf Halilu, who delivered the ruling on Tuesday, also directed SERAP to issue public apologies to the affected officers, Sarah John and Gabriel Ogundele, through two national dailies, two television stations and its official website.
The court further awarded N1m as litigation costs in favour of the claimants and ruled that the judgment sum would attract a 10 per cent annual interest rate until it is fully settled.
The case, filed under suit number CV/4547/2024, was instituted by the two DSS officers, who initially sought N5.5bn in damages over publications they described as injurious to their reputation.
In his judgment, Justice Halilu held that SERAP published false allegations accusing the officers of unlawfully storming its Abuja office and intimidating staff members in September 2024.
He ruled that the statements, which were circulated via SERAP’s website and social media platforms, were not substantiated and had the potential to tarnish the image of the officers.
The judge criticised the publication, noting that it fell short of expected standards, especially from an organisation reputed for promoting accountability, adding that the claims made were not proven to be true.
Court records showed that SERAP and its Deputy Director, Kolawole Oluwadare, were listed as defendants in the matter.
The claimants argued that although their names were not explicitly mentioned, the description provided in the publication clearly pointed to them, resulting in public embarrassment and reputational harm.
Their counsel, Oluwagbemileke Samuel Kehinde, urged the court to grant all the reliefs sought, insisting that the ingredients required to establish defamation had been sufficiently proven.
He maintained that the publication was clearly about his clients and had negatively affected their professional standing.
In defence, counsel to SERAP, Victoria Bassey, representing the law firm of Tayo Oyetibo (SAN), argued that the suit lacked merit, stating that the claimants failed to prove they were directly referred to in the publication.
She emphasised that the organisation only used the phrase “DSS officials” without naming individuals, adding that the burden of proof rested on the claimants to establish that the statements concerned them.
Also representing the second defendant, Oluwatosin Adefioye, argued that no specific individuals were identified in the publication and that the claimants did not establish sufficient grounds to link themselves to the alleged defamatory content.
He further questioned the legal standing of the DSS as an entity capable of being defamed, arguing that the agency was not expressly recognised in law.
The claimants told the court that the controversy arose from a visit they paid to SERAP’s office on Bamako Street, Wuse Zone 1, Abuja, on September 9, 2024.
They explained that the visit was part of routine engagement by the DSS with non-governmental organisations operating within the FCT.
According to them, they met a staff member identified as Ruth, who informed them that the organisation’s management was unavailable and advised that a formal communication be sent.
They insisted that the visit was brief and peaceful, and that they left the premises shortly after the interaction.
The officers, however, said they were taken aback when SERAP subsequently published claims alleging that DSS operatives had unlawfully occupied its office and interrogated staff.
They noted that the publication described the officers involved in a manner that made them easily identifiable.
The claimants added that the statements sparked widespread criticism of the DSS by local and international bodies, including Amnesty International, as well as prominent Nigerians such as Femi Falana.
They argued that the reports created a false impression that the Federal Government was deploying the DSS to harass civil society organisations, thereby damaging their integrity.
According to them, the situation also affected their standing within the agency, with colleagues allegedly questioning their professionalism and adherence to official directives.
While the claimants had sought multiple reliefs, including N5bn in damages and a public apology across various platforms, the court granted partial relief, awarding N100m in damages alongside orders for apology, litigation costs and post-judgment interest.