DSS: Court’s judgment didn’t reflect legal arguments – Adegboruwa, SERAP lawyer

Ebun-Olu Adegboruwa (SAN), one of the lawyers in the N5.5 billion defamation lawsuit filed against the Socio-Economic Rights and Accountability Project, SERAP, by two officials of the Department of State Services, DSS, has said “the judgment did not reflect the legal arguments canvassed in the case, especially on the legal status of DSS as to whether the agency established by law is DSS or SSS”.

Recall that Justice Yusuf Halilu of the High Court of the Federal Capital Territory today ordered SERAP to pay N100 million in damages to the DSS officials for alleged defamation.

The court also directed the organisation to issue public apologies, pay N1 million in litigation costs, and a 10 percent annual post-judgment interest on the damages until fully paid.

Reacting in a statement, Adegboruwa said it was a strange judgment that had no precedence and is very dangerous for our democracy, “as it can be used to silence NGOs. We are taking immediate steps to appeal this judgment”.

He noted that “The court also did not consider the case of SERAP, as to whether public officers working in public institutions can sue for defamation on behalf of their organizations in respect of alleged wrong done to their agency in the course of discharge of their official duties.

“Whereas the plaintiffs stated before the court that they are still under investigation by their employers to determine the propriety of their conduct in SERAP office, the judge proceeded to adjudge SERAP guilty of libel without actual proof of the identity of the persons allegedly defamed.

“In all cases, damages for libel should be commensurate with the status and earnings of the plaintiff, in this case, public officers of DSS who did not even establish their ranks or salary scales before the court were awarded N100M as bazaar! How much is their monthly salary?

“The inconsistency and irony of this case is that the plaintiffs were sent on assignment with public funds and they turned around to sue to claim private damages from their public engagements. Now, who collects the damages, is it the plaintiffs or their employers?

“The judge also awarded interest at 10% on the damages awarded when it was not a contract and no case for interest was proved by the plaintiffs before the court.”

The post DSS: Court’s judgment didn’t reflect legal arguments – Adegboruwa, SERAP lawyer appeared first on Vanguard News.