- The court ruled that SERAP’s publication about DSS officials was defamatory
- N100 million in damages and a public apology were awarded to the claimants
- The judge held that the allegations were not supported by evidence and caused reputational harm
The Federal Capital Territory High Court sitting in Maitama, Abuja, has ordered the Socio-Economic Rights and Accountability Project (SERAP) to pay N100 million in damages to two officials of the Department of State Services (DSS) over a defamatory publication.
Delivering judgment on Tuesday, Justice Yusuf Halilu ruled that the claimants, DSS officials Sarah John and Gabriel Ogundele, had successfully proven that statements published by SERAP on its official X (formerly Twitter) account were libellous.
The suit, marked FCT/HC/CV/4547/24, stemmed from a series of posts made by SERAP on 9 September 2024, alleging that DSS operatives unlawfully occupied its Abuja office and demanded to see its directors. The organisation also called on President Bola Tinubu to intervene, describing the alleged actions as harassment and intimidation.
In response, the claimants filed a suit against SERAP and its Deputy Director, Kolawole Oluwadare, seeking N5 billion in damages, legal costs, and a public apology across multiple media platforms.
In his ruling, Justice Halilu held that the publication, which went viral, caused reputational harm and psychological distress to the claimants, who were subsequently suspended pending investigation. He stressed that while SERAP plays a vital role in promoting transparency and accountability, it must exercise caution and due diligence in its public communications.
“It is most necessary for care and due diligence to be taken by SERAP before releasing any information for public consumption,” the judge said, adding that freedom of expression must be balanced with respect for the rights of others.
The court found that SERAP failed to substantiate its claims of invasion, harassment and intimidation by DSS operatives, thereby rendering its defence of justification invalid. Justice Halilu reaffirmed that libel is actionable per se under common law, meaning that proof of damage is not required once publication and defamatory content are established.
Although the claimants sought N5 billion in damages, the court awarded N100 million, describing the sum as appropriate under the circumstances. Additionally, the court ordered SERAP to issue a public apology to the claimants on its website, X handle, and through national media outlets, including The PUNCH, Vanguard, Channels Television and Arise Television.
The court also awarded N1 million as the cost of the action and imposed a 10 per cent annual interest on the judgment sum until it is fully paid.
Justice Halilu emphasised that fundamental rights are not absolute, noting that “your right ends where another person’s begins.” He concluded that the publication subjected the claimants to public ridicule and damaged their professional standing, thereby warranting compensation.