Abuja High Court Deliberates on N5.5bn Defamation Case Filed by DSS Against SERAP

A High Court of the Federal Capital Territory (FCT), sitting in Maitama, Abuja, on Thursday reserved judgment in a N5.5 billion defamation suit filed by two operatives of the Department of State Services (DSS) against the Socio-Economic Rights and Accountability Project (SERAP) and its Deputy Director, Kolawole Oluwadare.

Justice Halilu Yusuf fixed judgment for a date to be communicated to the parties after counsel adopted their final written addresses in the suit marked CV/4547/2024.

The claimants, Sarah John and Gabriel Ogundele, are seeking N5 billion in damages over alleged libellous publications by SERAP, which accused DSS officials of unlawfully invading its Abuja office on September 9, 2024.

Claimants said, “All Ingredients of Defamation Have Been Proved”
Adopting the claimants’ final written address, their counsel, Oluwagbemileke Kehinde, urged the court to grant all the reliefs sought.

Kehinde argued that the defendants’ publication clearly referred to his clients and had caused reputational damage within the DSS and beyond.

“All the ingredients of defamation have been proved. It referred to the claimants and there is no denial that there was a publication,” he told the court.
He dismissed the defence’s argument that the claimants must be widely known to succeed in a defamation action.

“It is sufficient that their colleagues are aware of the alleged defamatory publication and understood that it referred to the claimants,” Kehinde said.
The lawyer also faulted the competence of the second defendant’s 12-page reply address, contending that it violated Order 39 Rule 2 of the court’s rules, which limits such filings to 10 pages. He urged the court to discountenance the address.

Defence claimed the claimants is not specifically named.
Counsel to SERAP, Victoria Bassey, urged the court to dismiss the suit, arguing that the claimants failed to establish that they were the persons referred to in the publication.

Bassey adopted the defendants’ final written address and reply on points of law after the court granted an application to deem them properly filed, having been submitted out of time.

“Since the claimants were not specifically named in the publication complained about, they must prove that they were the persons referred to before they can succeed in a defamation suit,” she argued.
She maintained that the claimants failed to discharge that burden.

Similarly, counsel to Oluwadare, Oluwatosin Adesioye, challenged the court’s jurisdiction and questioned the legal standing of the DSS.

“What is known under the National Security Agencies Act is the State Security Service, not the DSS,” Adesioye argued.
He also contended that the claimants’ final written address exceeded the stipulated 30-page limit by five pages.

During his testimony on November 24, 2025, Oluwadare admitted authoring the publication based on information received from a SERAP staff member, Vivian Amadi, who allegedly informed him that DSS officials were present at the organisation’s Abuja office.

He told the court he was not physically present during the visit.

After reading the first paragraph of the publication in court, Oluwadare admitted using the words “unlawful,” “intimidating,” and “harassing,” but disagreed that the language constituted serious allegations against the claimants.

He further confirmed that the officials did not brandish weapons, damage property, assault staff, or force entry into the premises.

The claimants, however, argued that the publication falsely portrayed them as conducting an unsanctioned operation and damaged their professional standing within the DSS and in the public eye.

They maintained that their visit to SERAP’s office at 18 Bamako Street, Wuse Zone 1, Abuja, was a routine engagement aimed at inviting the organisation’s new leadership for a familiarisation meeting.

According to their statement of claim, the visit was cordial and brief, and they left after being informed that management staff were not available.

They alleged that shortly after their departure, SERAP posted on its X handle, @SERAPNigeria, that DSS officers were unlawfully occupying its office, a claim later amplified on the organisation’s website and widely reported.

The claimants further stated that the publication attracted criticism from international bodies, including Amnesty International, and prominent Nigerians, thereby damaging both their reputations and that of the DSS.

The claimants are asking the court to order a public apology on SERAP’s website, X handle, and in two national newspapers, Punch and Vanguard, as well as on Arise Television and Channels Television, payment of N5 billion in damages, 10 per cent annual interest on the judgment sum until liquidation, N50 million as cost of the action.

Justice Yusuf said the court would communicate the judgment date to the parties.