Court Delays Ruling on DSS's N5.5bn Defamation Case Against SERAP

Justice Halilu Yusuf of the High Court of the Federal Capital Territory has adjourned indefinitely, judgment in a N5.5 billion defamation suit instituted against a non-governmental organization, Socio-Economic Rights and Accountability Project, SERAP.

The judge on Thursday reserved the judgment after taking arguments for and against the suit by the three parties in the matter

The DSS had listed SERAP as 1st defendant in the suit, marked: CV/4547/2024, and its Deputy Director, Kolawole Oluwadare as the 2nd defendant.

In the suit filed in the names of two officials of DSS – Sarah John and Gabriel Ogundele – the claimants accused the two defendants of making false claims that John and Ogundele invaded SERAP’s Abuja office on September 9, 2024.

At Thursday’s proceedings, counsel to the DSS, Oluwagbemileke Samuel Kehinde urged the judge to grant all the reliefs sought by his client in the interest of justice.

He admitted that although the names of the two claimants were not mentioned in the defamation materials, they had however established substantial circumstances that they are the ones referred to in the published defamation article by SERAP on its website.

The counsel submitted that all ingredients of defamation have been clearly established and the offending publication referred to the two officials of the secret police.

However, SERAP through its counsel Victoria Bassey asked the court to dismiss the suit on the ground that the two claimants did not establish that they were the ones referred to in the alleged defamation materials.

She said that the organization used “DSS Officials” in the publication adding that they must establish that they are the ones referred to before their case can succeed.

Similar arguments were canvassed by Oluwatosin Adefioye who stood for the second defendant adding that there was no dispute in the September 9, 2024 operation of DSS in SERAP office.

He said that since SERAP in the publication did not name any particular person, the claimants must plead special circumstances that they were the ones referred to as the DSS officials.

Besides, he said that there is no organization by name Department of State Service in law, hence, DSS cannot claim being defamed adding that the only entity known to law is National Security Agency.

After the arguments, Justice Yusuf announced that parties would be communicated when the judgment is ready.

In the suit, marked: CV/4547/2024, filed in the names of two officials of DSS – Sarah John and Gabriel Ogundele – the claimants accused the defendants of making false claim that John and Ogundele invaded SERAP’s Abuja office.

The claimant stated among others, that the alleged false claim by SERAP has negatively impacted on its reputation and that of the two officials involved.

They also stated, in their statement of claim, that, in line with its practice of engaging with officials of non governmental organisations operating in the FCT to establish a relationship with their new leadership, it directed the two officials – John and Ogunleye – to visit SERAP’s office and invite its new leadership for a familiarisation meeting.

The claimants added that in carrying out the directive, John and Ogunleye paid a friendly visit to SERAP’s office at 18 Bamako Street, Wuse Zone 1, Abuja on September 9 and met with one Ruth, who upon being informed about the purpose of the visit, claimed that none of SERAP’s management staff was in the country and advised that a formal letter of invitation be written by the DSS.

John and Ogundele, who claimed that their interactions with Ruth were recorded, said before they immediately exited SERAP’s office, Ruth promised to inform her organisation’s management about the visit and volunteered a phone number – 08160537202.

They said it was surprising that, shortly after their visit, SERAP posted on its X (Twitter) handle: @SERAPNigeria, that officers of the DSS are presently unlawfully occupying its office.

The claimant added that “on the same day, the defendants also published a statement on SERAP’s website, which was widely reported by several media outfits, falsely alleging that some officers from the DSS, described as “a tall, large, dark-skinned woman” and “a slim, dark skinned man,” invaded their Abuja office and interrogated the staff of the first defendant (SERAP).

John and Ogundele stated that “due to the false statements published by the defendants, the DSS has been ridiculed and criticised by international agencies such as the Amnesty International and prominent members of the Nigerian society, such as Femi Falana, SAN.

“Due to the false statements published by the defendants, members of the public and the international community formed the opinion that the Federal Government is using the DSS to harass the defendants.”

They added that the defendants’ statements caused harm to the claimants’ reputation because the staff and management of the DSS have formed the opinion that the claimants did not follow orders and carried out an unsanctioned operation and are therefore, incompetent and unprofessional.

The claimants are therefore praying the court for the following reliefs: “An order directing the defendants to tender an apology to the claimants via the first defendant’s (SERAP’s) website, X (twitter) handle, two national daily newspapers and two national news television stationsfor falsely accusing the claimants of unlawfully invading the first defendant’s office and interrogating the first defendant’s staff.

“An order directing the defendants to pay the claimants the sum of N5 billion as damages for the libellous statements published about the claimants.

“Interest on the sum of N5b at the rate of 10 percent per annum from the date of judgment until the judgment sum is realised or liquidated.

“An order directing the defendants to pay the claimants the sum of N50 million as costs of this action.”