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Court awards N101m to DSS operatives for defamation

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A High Court of the Federal Capital Territory (FCT) has ordered the Socio-Economic Rights and Accountability Project (SERAP) to pay N101 million in damages and costs to two operatives of the Department of State Services (DSS) over defamatory statements.

Delivering judgment on Tuesday, Justice Halilu Yusuf held that SERAP was liable for libel arising from a statement it published on September 9, 2024, alleging that DSS operatives unlawfully invaded its Abuja office and harassed staff. The court found that the claims were false and had damaged the professional reputation of the officers.

The court awarded N100 million as general damages and N1 million as litigation costs to the two operatives. It also ordered SERAP to issue a public apology on its X (formerly Twitter) account, as well as in two national newspapers and two television stations.

Additionally, the court directed that the N100 million award would attract 10 percent annual interest from the date of judgment until it is fully paid.

The lawsuit followed SERAP’s public statement accusing the DSS of intimidation and calling on President Bola Tinubu to intervene. In response, the DSS clarified that the officers’ visit to SERAP’s office was routine and intended to familiarise themselves with the organisation’s leadership.

Subsequently, the two operatives—who were suspended and subjected to internal disciplinary proceedings—filed a N5.5 billion defamation suit against SERAP, insisting that no unlawful invasion or harassment took place.

During the trial, witnesses testified that no assault occurred. SERAP’s deputy director, Kolawole Oluwadare, told the court that the allegations were based on information provided by a front-desk officer.

In his ruling, Justice Yusuf dismissed preliminary objections raised by SERAP and held that the claimants had successfully proven that the publication referred to them and harmed their reputation.

The judge also rejected arguments challenging procedural issues, including the validity of witness statements and service of court processes, describing them as lacking merit.
The case is considered significant, marking what is believed to be the first time security operatives in Nigeria have successfully pursued a defamation claim in their personal capacity.

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