Court orders SERAP to pay N100m damages to DSS officials over defamatory X posts
The Federal Capital Territory High Court in Maitama, Abuja, has ordered the Socio-Economic Rights and Accountability Project (SERAP) to pay N100 million in damages to two Department of State Services (DSS) officials, Sarah John and Gabriel Ogundele, over defamatory statements made on its official X handle.
Delivering judgment in suit number FCT/HC/CV/4547/24, Justice Yusuf Halilu ruled that the claimants had successfully proven that SERAP’s publication was defamatory.
SERAP had posted on September 9, 2024, alleging that DSS operatives unlawfully occupied its Abuja office and demanded to see its directors.
The organization also called on President Tinubu to direct the DSS to stop harassment and intimidation.
The DSS officials subsequently sued SERAP and its Deputy Director, Kolawole Oluwadare, as first and second defendants, seeking N5 billion in damages, a public apology, and other reliefs.
They argued that SERAP falsely accused DSS operatives of an invasion, damaging their reputations.
Justice Halilu described SERAP as a reputable NGO promoting transparency and accountability but stressed that the group must respect others’ rights.
He noted that the publication went viral, caused mental and psychological harm, and led to the claimants’ suspension pending investigation.
The judge added that the defendants failed to retract the publication despite having ample opportunity.
The court dismissed SERAP’s defense of justification, stating no evidence of any invasion, harassment, or intimidation was presented. The judge reaffirmed that libel is actionable per se without proof of specific damage once publication is established.
Although the claimants demanded N5 billion, the court awarded N100 million in damages, which Justice Halilu described as a “paltry sum.”
The court also ordered SERAP and Oluwadare to issue public apologies on SERAP’s website and X handle, as well as in The PUNCH, Vanguard Newspapers, Arise Television, and Channels Television.
Additionally, the court granted 10 percent annual interest on the judgment sum until full liquidation and awarded N1 million as the cost of action.
Justice Halilu emphasized that fundamental rights are not absolute, stating, “Your right ends where another person’s own begins.” He dismissed the defendants’ preliminary objections as lacking merit and entered judgment in favor of the claimants.
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