High Court Rules Against SERAP in Defamation Case
The High Court of the Federal Capital Territory (FCT) ruled on Tuesday that the Corporate Trustee of the Socio-Economic Rights and Accountability Project (SERAP) was liable for defamation in a lawsuit filed by two officials of the Department of State Services (DSS). The court mandated SERAP to pay a total of N101 million, which includes N1 million in litigation costs and N100 million in general damages to the plaintiffs. Additionally, SERAP must publish a public apology to the affected DSS officers on the social media accounts of two national newspapers and two television stations. Interest at a rate of 10% per annum will accrue on the N100 million from the date of judgment until the amount is fully settled.
Background of the Defamation Claim
On September 9, 2024, SERAP publicly accused DSS operatives of illegally entering its Abuja office and subjecting its staff to harassment and intimidation. The NGO urged President Bola Tinubu to intervene and prevent the secret police from allegedly blackmailing innocent citizens. In response to the allegations, DSS officials were suspended and referred to a disciplinary committee. However, when the leadership of the DSS established that the officers had not invaded the SERAP offices, the two operatives filed a defamation lawsuit seeking N5.5 billion in damages.
Court’s Findings on SERAP’s Claims
Delivering the judgment, Judge Khalil Yusuf stated that the claims made by the DSS employees were demonstrably defamatory. He noted that SERAP did not deny releasing the statement, which the court found damaging in relation to the plaintiffs’ professional roles. The court also dismissed two preliminary objections put forth by SERAP, emphasizing that the evidence showed a conflict between SERAP and the DSS operatives.
Procedural Aspects Considered by the Court
The court ruled on various procedural matters brought up by SERAP, noting that certain objections lacked merit. The judge highlighted that any claim regarding the first plaintiff signing the witness oath at a solicitor’s office was irrelevant since proper procedures had been followed, as evidenced by documentation processed through the FCT High Court Registry. Additionally, the court clarified that the absence of evidence tied to statutory fees paid by the DSS did not negate the validity of its claims.
Official Responses and Continued Allegations
In a statement addressing SERAP’s assertions, the DSS clarified that the presence of officers Sarah John and Gabriel Ogundele at SERAP was part of standard protocol and meant to introduce them to the organization’s new leadership. Nevertheless, SERAP maintained that the DSS operatives had unlawfully intruded into their office and mistreated staff. Following weeks of interaction, the DSS eventually decided to sue SERAP, contending that the accusations had unjustly impacted their reputations and led to disciplinary repercussions.
Witness Testimonies and Legal Arguments
During the trial, witnesses testified that there was no physical assault involving the SERAP employees. The director of SERAP, Kolawole Oluwadare, informed the court that the allegations of invasion were based on information from the front desk staff member, Vivian Amadi. In their legal pursuit, the two DSS officials argued that SERAP had disseminated false claims about their conduct.
Legal Counsel’s Closing Argument and Historical Context
During the final submissions on February 19, 2026, the plaintiffs’ lawyer, Oluwagbemileke Samuel Kehinde, urged the court to grant all requested remedies, asserting that the plaintiffs were identifiable in SERAP’s allegedly defamatory statements. He argued that knowledge of the plaintiffs’ identities among their colleagues sufficed to establish the defamation case. The ruling is notable as it marks a significant moment in Nigerian legal history—being the first instance where an individual security official has independently brought forth a defamation lawsuit.
