SERAP accuses DSS of using fake identities in office invasion, seeks dismissal of defamation lawsuit

The Socio-Economic Rights and Accountability Project (SERAP) has taken the Department of State Services (DSS) to court, alleging that officials from Nigeria’s secret police used fake names and arrived in unmarked vehicles during an alleged invasion of its Abuja office.

In a statement filed before a Federal Capital Territory High Court on Thursday, SERAP claimed that two DSS officials, who visited its office in September 2024, disguised their identities and conducted an unlawful search. According to SERAP, one of the officials used the name “Sarah David” to sign the visitor’s book, hiding her true identity in what the organization describes as a deliberate attempt to conceal their motives.

Tayo Oyetibo, SAN, and Ebun-Olu Adegboruwa, SAN, who represent SERAP, stated in court that the DSS’s actions were part of a broader pattern of harassment and intimidation by the agency, adding that such tactics have been used against NGOs working in Nigeria. They further argued that the DSS does not have a practice of engaging with NGOs for partnership or collaborative purposes and that any interaction with organizations like SERAP would typically involve formal letters of invitation for meetings, not unannounced visits.

The DSS had previously claimed that its visit to SERAP’s office was a routine investigation, though they later filed a defamation lawsuit against SERAP, demanding over N5 billion in damages. The claimants allege that SERAP’s public statement about the visit, which described the officials, was defamatory. However, SERAP strongly denies the accusations, maintaining that the statement was not directed at the individuals involved but at the DSS as an institution known for its history of harassment.

During the visit, SERAP alleges that the DSS officials requested official documents and interrogated staff, causing severe psychological distress among employees. The officials reportedly asked for details on the organization’s leadership and its position on national issues such as corruption allegations involving the Nigerian National Petroleum Company Limited (NNPCL) and the increase in petrol prices.

The case, which is being heard by Justice Yusuf Halilu, has been adjourned to 29 November 2024 for further proceedings. SERAP, in its defense, argues that the DSS has contradicted itself in its statements, and that the defamation lawsuit is frivolous and meant to suppress its advocacy work.

SERAP is calling for the dismissal of the lawsuit, stating that the descriptions of the DSS officials in its statement could apply to many staff members of the agency and were not intended to target the individuals involved.

The organization also claims that the DSS has failed to prove any harm from the publication and insists that it was merely exercising its freedom of speech in urging President Bola Tinubu to intervene and stop the harassment.

This case highlights growing concerns about the increasing intimidation faced by human rights groups in Nigeria, with SERAP maintaining that it will not be deterred from its mission of promoting human rights and accountability in the country.