Defamation: SERAP Rejects N100m Judgement Favouring DSS, Heads to Appeal Court
Alex Enumah in Abuja
TSocio-Economic Rights and Accountability Project (SERAP) has rejected the judgement of a High Court of the Federal Capital Territory, Abuja, which awarded N100 million damages in favour of Department of State Services (DSS) and two of its officials.
The rights group, in its reaction to the judgement delivered on Tuesday, described the decision as “a travesty” and “a dangerous precedent” for civic freedom in Nigeria.
Delivering judgement in the suit filed by DSS and two of its personnel, Sarah John and Gabriel Ogundele, Justice Yusuf Halilu held that the claimants successfully established the ingredients of defamation and were, therefore, entitled to damages.
The judge subsequently ordered that the defendants pay the claimants the sum of N100 million in damages, another N1 million as cost of litigation, and in addition, tender public apologies to be published in two national newspapers and two national television stations, including Arise News.
The judge further ordered a 10 per cent annual post-judgement interest until the judgement sum was paid in full.
Reacting, Deputy Director, SERAP, Mr. Kolawole Oluwadare, rejected the ruling and vowed to challenge it at the Court of Appeal.
Oluwadare disclosed that two senior lawyers Tayo Oyetibo, SAN, and Ebun-Olu Adegboruwa, SAN, had already been instructed to immediately file an appeal.
SERAP described the case as “a textbook example of judicial harassment and a Strategic Lawsuit against Public Participation (SLAPP)”, alleging that the President Bola Tinubu administration is using defamation laws and state institutions to suppress dissent, intimidate activists, and weaken the civic space.
“This judgement is totally unacceptable to us. It is a serious blow to civic space in Nigeria and reflects a troubling pattern of using defamation laws to punish legitimate criticism and suppress accountability,” Oluwadare stated in a statement he signed on Tuesday.
The group insisted that its September 9, 2024 publication concerning the DSS was made in the public interest following what it termed an unlawful invasion and intimidation of its Abuja office by DSS operatives after SERAP called on Tinubu to investigate alleged corruption in the Nigerian National Petroleum Company Limited (NNPCL) and reverse fuel price increases.
In its defence before the court, SERAP maintained that DSS officials, who visited its office, interrogated staff members, demanded incorporation documents, questioned the organisation’s internal structure and sought information about its leadership and anti-corruption advocacy activities.
The organisation alleged that unmarked vehicles, which conveyed the DSS operatives, were stationed outside SERAP’s office during the encounter, creating fear among staff members who allegedly believed an arrest or raid was imminent.
SERAP also accused DSS of giving conflicting explanations regarding the purpose of the visit, pointing to an earlier public statement by the agency describing the operation as a “routine investigation,” contrary to claims in court filings that the visit was merely for a familiarisation meeting with SERAP’s leadership.
The organisation said the alleged defamatory publication did not mention the names of the DSS officials who instituted the suit and therefore could not have damaged their personal reputations.
SERAP maintained its statements were justified, lawful and protected under constitutional guarantees of freedom of expression and international human rights obligations binding on Nigeria.
Warning of the wider implications of the judgement, the organisation said the decision could create a “chilling effect” on anti-corruption work, civic participation, and free speech, adding that courts must guard against the misuse of defamation laws to stifle legitimate advocacy and public accountability.
The suit marked FCT/HC/CV/4547/24 was instituted by DSS officials – Sarah John and Gabriel Ogundele – following SERAP’s social media publication accusing the agency of harassment and unlawful occupation of its premises.