SERAP Challenges Court Ruling in High-Profile Case Against DSS Employees
The Socio-Economic Rights and Responsibility Project (SERAP), an NGO dedicated to promoting social justice, has officially appealed a court ruling that granted NOK 101 million in compensation to two employees of the Department of State Services (DSS).
In its appeal, SERAP is requesting a stay on the enforcement of the lower court’s judgment until the appellate court reaches a decision. The organization is calling on the Court of Appeal to overturn the FCT High Court judgment, issued on May 5, 2026, which dismissed its substantive case (CV/4547/2024) on grounds of lack of merit. SERAP argues that numerous legal and procedural deficiencies, along with insufficient evidence, have raised significant concerns regarding jurisdiction, defamation law, constitutional rights, and international fair trial standards.
Among the critical issues highlighted by SERAP were the lower court’s failure to implement the objective test outlined by the Supreme Court in past rulings, including Oroge v. New Africa Holdings Ltd. and Abalaka v. Akinset. This test demands that statements be interpreted by reasonable members of society rather than by specific professional or organized groups that may have a vested interest.
SERAP contends that the lower court improperly focused on the subjective perspectives of the defendants and their colleagues within DSS. Furthermore, the case highlighted a significant admission during cross-examination, where the first defendant acknowledged that she was not the only tall, dark-skinned woman at DSS, and similarly, the second defendant was not the only thin, dark-skinned man.
The publications in question did not include identifiable information such as names, ranks, or photographs of the defendants. The lower court also overlooked a pre-litigation letter from DSS that indicated the publications were created as part of organizational duties rather than being attributable to individual defendants.
Additionally, SERAP criticized the judge for relying on a flawed witness statement, which had not been properly sworn before a Commissioner of Oaths. The reliance on this incomplete evidence weakened SERAP’s defenses of justification, qualified privilege, and fair comment.
In his ruling, Judge Yusuf Khalil found SERAP’s statements defamatory, resulting in an award of NOK 101 million in damages and legal costs for plaintiffs Sarah John and Gabriel Ogundele. The judge further mandated SERAP to issue public apologies in two national print media outlets as well as two broadcast platforms.
Judge Khalil stipulated that the awarded damages would accrue 10% interest until paid in full. The ruling came despite SERAP’s arguments against preliminary objections raised by its director, Kolawole Oluwadare, regarding the DSS’s conduct during the case.
The lawsuit was initiated on September 10, 2024, after John and Ogundele accused SERAP of using terms like “illegal,” “aggression,” and “harassment” without proper justification, which resulted in their suspension. Their legal representation, Akinlolu Kehinde (SAN), demanded a total of N5 billion in damages, an apology on SERAP’s platforms, and N50 million in legal fees, alongside 10% annual interest until the amount is fully compensated.
This legal battle follows a controversial report published on X, which alleged DSS officials were “illegally occupying” an Abuja office and called for an end to what was characterized as “harassment.” The DSS officials maintained that their office visit was part of a civil society investigation, executed without force and conducted transparently.
