Court Slams SERAP With ₦100 Million Fine For Defaming DSS

The High Court of the Federal Capital Territory in Abuja has directed the Socio-Economic Rights and Accountability Project (SERAP) to pay ₦100 million to two operatives of the Department of State Services (DSS) over a defamation case.

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Naija News reports that the judgment was delivered on Tuesday by Justice Yusuf Halilu following a suit filed by the officers, Sarah John and Gabriel Ogundele, who accused the organisation of damaging their reputation through online publications.

The court ruled that SERAP must also issue public apologies to the two officers.

The apology is to be published in two national newspapers, aired on two television stations, and posted on the organisation’s website. In addition, the court ordered SERAP to pay N1 million as the cost of the case and to add 10 per cent yearly interest on the judgment sum until the full payment is made.

The case stems from a N5.5 billion lawsuit filed by the DSS operatives after SERAP accused unnamed officials of unlawfully entering its Abuja office in September 2024 and intimidating staff. The organisation made the claims through posts on its website and social media platform.

In its ruling, the court held that the claims made by SERAP were not supported by facts and were inappropriate, especially for a group known for advocating accountability. The judge found that the publication falsely portrayed the officers and held the organisation responsible for the damage caused.

During the proceedings, the claimants argued that even though their names were not mentioned in the publication, details provided clearly pointed to them. Their lawyer told the court that all elements required to prove defamation had been established.

SERAP, however, maintained that the suit should be dismissed. Its legal team argued that the publication referred only to “DSS officials” without identifying any individual. They insisted that the claimants failed to prove that the statements were about them.

Another defence raised was that the DSS, as named, is not a legal entity that can sue, claiming that only the National Security Agency is recognised by law. The defence also said there was no disagreement that DSS personnel visited the office on the said date.

The claimants explained that the visit to SERAP’s office on September 9, 2024, was a routine assignment aimed at building a working relationship with the organisation’s leadership. They said they met a staff member who informed them that top officials were not available and advised them to send a formal letter.

They added that shortly after leaving the office, SERAP made posts suggesting that DSS officers were occupying the premises unlawfully. The publication also described two individuals in a way the claimants said matched them.

According to the officers, the reports led to public criticism and negative reactions from both local and international observers, including groups like Amnesty International and figures such as Femi Falana.

They told the court that the claims affected how they were viewed within their agency, with some colleagues believing they acted outside official instructions. They said this damaged their professional image and led to embarrassment.

After reviewing the arguments, the court ruled in favour of the DSS officers and granted part of the reliefs they sought, including damages, apology, and legal costs.