A High Court of the Federal Capital Territory sitting in Maitama has reserved judgment in a ₦5 billion defamation suit filed by two officials of the Department of State Services against the Socio-Economic Rights and Accountability Project (SERAP).
Justice Yusuf Halilu fixed no date but said parties would be informed after adopting their final written addresses.
Alleged False Invasion Claim
The claimants, Sarah John and Gabriel Ogundele, approached the court through a Writ of Summons dated December 3, 2024, accusing SERAP of falsely alleging that they invaded the organisation’s Abuja office on September 9, 2024.
They argued that the publication damaged their personal reputations and tarnished the corporate image of the DSS.
SERAP and its Deputy Director, Kolawole Oluwadare, were listed as first and second defendants in the suit marked CV/4547/2024.
The operatives are seeking a public apology to be published on SERAP’s website and X (formerly Twitter) account, as well as in Punch and Vanguard newspapers, and broadcast on Arise Television and Channels Television.
They are also demanding ₦5 billion in damages, 10 per cent annual interest from the date of judgment until payment, and ₦50 million as litigation costs.
‘Familiarisation Visit,’ Not Invasion — Claimants
The DSS officials maintained that their presence at SERAP’s office was for a “familiarisation” visit with what they described as the organisation’s new leadership.
According to them, they signed the visitors’ register presented by a staff member named Ruth and were still at the premises when reports surfaced accusing them of invasion.
They further told the court that they were later identified in the publication by physical descriptions — “a tall, large, dark-skinned woman” and “a slim, dark-skinned man” — which colleagues allegedly used to link them to the claims.
Defence Challenges Suit’s Competence
Counsel to the defendants, led by Mr. Tayo Oyetibo, SAN, urged the court to dismiss the suit, arguing that it lacked merit.
The defence contended that the State Security Service does not conduct informal, unannounced social visits to non-governmental organisations and that formal invitations are typically issued in writing.
They also disputed the existence of any new leadership at SERAP and denied that any staff member named Ruth worked at the front desk.
According to the defence, the operatives arrived in unmarked vehicles and signed the register using different details. SERAP alleged that the first claimant signed as “Sarah David.”
The organisation further claimed that its front desk officer, Vivian Amadi, was interrogated and asked to provide sensitive documents, including its certificate of incorporation.
SERAP maintained that the officials remained at the premises until the organisation issued a public statement on X calling on the President to halt what it described as harassment and unlawful occupation.
Legal Arguments on Defamation
During final submissions, counsel for the claimants asked the court to grant all reliefs sought.
The defence, however, insisted that the claimants failed to establish the essential ingredients of defamation.
“The law is firmly settled that in an action for defamation, the burden lies squarely on the claimant to prove, as a threshold and indispensable requirement, that the words complained of were published of and concerning him personally,” defence counsel argued.
She added that none of the publications mentioned the claimants by name, rank, photograph or office, but referred generally to “officers from Nigeria’s Department of State Services.”
Justice Halilu said the date for judgment would be communicated to the parties.
