SERAP libel case: Adegboruwa faults court ruling, raises questions over DSS legal status, others

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Key points

• Senior Advocate of Nigeria, Ebun-Olu Adegboruwa, has criticised a recent libel judgment against SERAP, citing legal inconsistencies.
• The ruling awarded N100 million in damages to DSS officials despite unresolved questions on identity and institutional standing.
• The case raises broader concerns about whether public officers can pursue personal defamation claims tied to official duties.

Main story

A Senior Advocate of Nigeria (SAN), Ebun-Olu Adegboruwa, has faulted the recent judgment in the N5.5 billion defamation suit filed by two officials of the Department of State Services (DSS) against the Socio-Economic Rights and Accountability Project (SERAP), describing the ruling as legally flawed and inconsistent with established principles.

Reacting to the court’s decision, Adegboruwa argued that the judgment failed to adequately reflect the legal arguments presented during proceedings, particularly on the statutory identity of the DSS.

According to him, a key issue before the court was whether the agency legally recognised under Nigerian law is the DSS or the State Security Service (SSS), a distinction he said was not properly addressed in the ruling.

He further contended that the court did not sufficiently consider SERAP’s defence regarding the propriety of public officers instituting defamation suits in their personal capacity over actions carried out in the course of official duties.

Adegboruwa noted that the plaintiffs had informed the court that they were still under internal investigation by their employer at the time of the suit, yet the court proceeded to find SERAP liable for libel.

He also questioned the evidentiary basis of the judgment, stating that the identity of the individuals allegedly defamed was not conclusively established during the trial.

The issues

At the heart of the controversy are legal and constitutional questions surrounding:

The proper legal identity and designation of Nigeria’s domestic intelligence agency (DSS vs SSS).

Whether public officials can claim personal damages for reputational harm arising from official assignments.

The standard of proof required in libel cases, particularly regarding identification of aggrieved parties.

The basis for awarding damages and interest in non-contractual disputes.

What’s being said

Adegboruwa described the N100 million damages awarded to the plaintiffs as disproportionate, noting that the court did not establish their ranks, earnings, or status to justify such compensation.

He also criticised the award of 10 per cent interest on the judgment sum, arguing that no contractual relationship or evidentiary basis for such interest was presented before the court.

“The plaintiffs were on official assignment funded by public resources, yet they sought personal compensation for actions linked to their official duties,” he said, questioning who rightfully should receive the awarded damages.

He warned that the ruling could set a troubling precedent, potentially exposing civil society organisations to increased litigation risks and undermining accountability efforts.

What’s next

Adegboruwa confirmed that legal steps are already underway to challenge the judgment at the appellate level.

The appeal is expected to revisit critical legal questions raised during the trial, including issues of jurisdiction, identity, and the applicability of defamation laws to public officials acting in official capacities.

Legal analysts anticipate that the outcome of the appeal could provide clearer judicial guidance on the intersection of public service, institutional accountability, and individual rights.

Bottom line

The contested judgment in the SERAP defamation case has triggered significant legal debate, with implications for public accountability, press freedom, and civil society operations. The pending appeal is likely to shape future interpretations of defamation law as it relates to public institutions and their officials in Nigeria.