DSS Officials Secure N100m Judgment Against SERAP
An FCT High Court in Maitama, Abuja, has ordered the Socio-Economic Rights and Accountability Project to pay N100 million in damages to two Department of State Services officials after finding that the civil society organisation’s posts on X amounted to libel.
Justice Yusuf Halilu delivered the judgment on Tuesday in suit number FCT/HC/CV/4547/24, ruling in favour of DSS operatives Sarah John and Gabriel Ogundele, who had argued that SERAP’s September 9, 2024, social media publications caused severe reputational and psychological harm.
The case stemmed from a series of posts SERAP published on its X handle after two DSS officers visited its Abuja office at 18 Bamako Street, Wuse Zone 1. SERAP had written: “Officers from Nigeria’s State Security Service are presently unlawfully occupying SERAP’s office in Abuja, asking to see our directors. President Tinubu must immediately direct the SSS to end the harassment, intimidation, and attack on the rights of Nigerians.”
The DSS, in response, clarified that the visit was routine and aimed at familiarising with the organisation’s new leadership, describing SERAP’s allegations as “malicious.” The two officers said the viral publication led to their suspension from duty pending investigation.
SERAP’s Deputy Director, Kolawole Oluwadare, later admitted in court that the report of the alleged invasion was based on information supplied by a front desk officer, one Vivian Amadi. Throughout proceedings, witnesses affirmed that no physical assault occurred.
Justice Halilu held that the claimants successfully proved the essential ingredients of libel, including publication, reference to specific individuals, defamatory meaning, and absence of justification. The court dismissed SERAP’s defence of justification, finding that the alleged invasion, harassment, and intimidation were not established by any credible evidence.
Addressing SERAP’s stature, the judge noted that an organisation pushing for transparency and accountability “should also take cognisance of other people’s rights,” stressing that it must exercise “care and due diligence” before releasing information about government agencies for public consumption.
“Your right ends where another person’s own begins,” Justice Halilu stated.
Although the claimants sought N5 billion in damages, the court awarded N100 million, describing it as a “paltry sum.” The court also ordered a public apology to be published on SERAP’s website and X handle, in The PUNCH and Vanguard newspapers, and aired on Channels Television and Arise Television. The defendants were additionally directed to pay N1 million as litigation costs, with 10 per cent annual interest on the judgment sum until full liquidation.
Observers have noted that this case is historic, marking the first time in Nigeria that security agents have sued for defamation in their personal capacity rather than as an institution. SERAP, which had characterised the suit as a Strategic Lawsuit Against Public Participation, maintained throughout proceedings that the DSS officers indeed unlawfully invaded its office.
The judgment has reignited debate about the boundaries of press freedom, civil society advocacy, and the rights of individuals named in institutional allegations.