A High Court of the Federal Capital Territory (FCT) in Maitama, Abuja, on Thursday reserved judgment in a N5.5 billion defamation suit filed by two operatives of the Department of State Services (DSS) against the Socio-Economic Rights and Accountability Project (SERAP) and its Deputy Director, Kolawole Oluwadare.
Justice Halilu Yusuf fixed the matter for judgment on a date to be communicated to the parties after counsel adopted their final written addresses in the suit marked CV/4547/2024.
The claimants, Sarah John and Gabriel Ogundele, are seeking N5 billion in damages over what they described as libellous statements published by SERAP alleging that DSS officials unlawfully invaded its Abuja office on September 9, 2024.
Adopting the claimants’ final address, their counsel, Oluwagbemileke Kehinde, urged the court to grant all the reliefs sought. He challenged the competence of the 12-page reply filed by the second defendant, arguing that it violated Order 39 Rule 2 of the court’s rules, which limits reply addresses to 10 pages. He asked the court to discountenance the process.
Kehinde maintained that the claimants had established all the ingredients of defamation, arguing that it was sufficient that their colleagues understood that the publication referred to them, even though they were not expressly named.
“There is no denial that there was a publication, and it referred to the claimants,” he submitted, adding that the defendants’ argument that the entire society must know the claimants before they could succeed was misconceived.
Counsel to SERAP, Victoria Bassey, adopted her client’s final address and reply on points of law after the court granted her application to deem them properly filed despite being out of time. She urged the court to dismiss the suit, arguing that the claimants were not specifically named in the publication and had failed to prove that they were the persons referred to.
Similarly, counsel to Oluwadare, Oluwatosin Adesioye, challenged the court’s jurisdiction and asked that the suit be dismissed. He argued that the claimants failed to establish that they were the subjects of the publication and contended that under the National Security Agencies Act, only the State Security Service is recognised by law, not the DSS.
Adesioye also faulted the claimants’ final written address, claiming it exceeded the stipulated 30-page limit by five pages.
During earlier proceedings on November 24, 2025, Oluwadare testified that he made the publication based on information from a SERAP staff member who alerted him to the presence of DSS officials at the organisation’s office. He admitted he was not physically present at the time but relied on the account given to him.
In the publication posted on SERAP’s website and social media platforms, the organisation alleged that DSS officials had unlawfully occupied its office, intimidated and harassed staff, and called on President Bola Tinubu to intervene.
Under cross-examination, Oluwadare acknowledged using the words “unlawful,” “intimidating,” and “harassing,” but denied that they constituted serious allegations against the claimants. He admitted he did not consult the DSS before the publication and confirmed that the officials did not brandish weapons, damage property, assault staff, or force entry into the premises.
The claimants, however, told the court that their visit to SERAP’s office at 18 Bamako Street, Wuse Zone 1, Abuja, was a routine engagement aimed at establishing a relationship with the organisation’s new leadership. They said they met a staff member, explained the purpose of their visit, and left peacefully after being advised to send a formal letter of invitation.
They alleged that shortly after the visit, SERAP posted on its X (formerly Twitter) handle, @SERAPNigeria, claiming that DSS officers were unlawfully occupying its office. A subsequent statement on SERAP’s website, widely reported by media organisations, described the officials as a “tall, large, dark-skinned woman” and “a slim, dark-skinned man” who allegedly invaded and interrogated staff.
The claimants argued that the publications subjected the DSS to ridicule and criticism from international organisations such as Amnesty International and prominent Nigerians including Femi Falana (SAN). They further claimed that the statements created the impression that the Federal Government was using the DSS to harass civil society groups, thereby damaging their professional reputations.
In the suit, the claimants are seeking, among other reliefs, an order directing the defendants to publish apologies on SERAP’s website and X handle, as well as in national newspapers and television stations. They are also asking for N5 billion in damages, 10 per cent annual interest on the judgment sum, and N50 million as costs of the action.
Judgment is now awaited.
