Court orders SERAP to pay N100m damages to DSS officers over defamation

The Socio-Economic Rights and Accountability Project has rejected a Federal Capital Territory High Court judgment that awarded N100 million in damages to two officials of the Department of State Services, describing the ruling as seriously flawed and a blow to civic space.

Justice Yusuf Halilu of the FCT High Court had on Tuesday ordered SERAP to pay the sum to DSS officials Sarah John and Gabriel Ogundele in a defamation lawsuit. The court also directed the organisation to issue public apologies, pay N1 million in litigation costs, and 10 per cent annual post-judgment interest until full payment.

SERAP has instructed its lawyers to immediately appeal the judgment. In a statement, the organisation described the ruling as totally unacceptable, a travesty, and a troubling pattern under the current administration of using defamation laws to punish legitimate criticism and suppress accountability.

The organisation argued that the case represents a strategic lawsuit against public participation, designed to intimidate civil society and deter legitimate human rights advocacy. SERAP accused the government of misusing both the DSS and the judicial system to target activists and critics rather than protecting those working to expose corruption.

One of SERAP’s lawyers, Ebun-Olu Adegboruwa, criticised the judgment for not reflecting the legal arguments presented, particularly regarding whether public officers working in public institutions can sue for defamation on behalf of their organisations in respect of official duties.

Adegoruwa noted that the plaintiffs had stated before the court that they were still under investigation by their employers, yet the judge proceeded to adjudge SERAP guilty of libel without actual proof of the identity of the persons allegedly defamed. He also questioned the N100 million award, noting that the plaintiffs did not establish their ranks or salary scales before the court.

Amnesty International Nigeria also expressed grave concern over the ruling, describing it as a dangerous blow to free expression and civic space. The organisation’s director warned that the judgment could have a chilling effect on civil society organisations, journalists, and human rights defenders.

The lawsuit originated in September 2024 when SERAP alleged that DSS officials unlawfully entered its Abuja office following the organisation’s call on the President to investigate corruption allegations and reverse fuel price increases. SERAP had maintained that its publication was directed at the DSS as an institution, not the individual officials.

In his judgment, Justice Halilu held that the claimants were identifiable through the description in SERAP’s publication and that the portrayal of the officials as acting unlawfully and unprofessionally injured their reputation.