Court reserves judgment in N5bn defamation suit by DSS operatives against SERAP

DSS

Justice Yusuf Halilu said the date for judgment would be communicated to the parties after they adopted their final written addresses.

The operatives, Sarah John and Gabriel Ogundele, instituted the suit marked CV/4547/2024 on December 3, 2024, alleging that SERAP falsely claimed they invaded its Abuja office on September 9, 2024. They contended that the publication damaged their personal reputations and the corporate image of the DSS.

The claimants are seeking an order compelling SERAP and its Deputy Director, Kolawole Oluwadare, to publish an apology on SERAP’s website, its X (formerly Twitter) handle, two national dailies Punch and Vanguard and on Arise Television and Channels Television. They also asked the court to award N5 billion in damages with 10 percent annual interest from the date of judgment until payment is made, as well as N50 million as litigation costs.

According to the claimants, they visited SERAP’s office solely for “familiarization” with what they described as the organisation’s new leadership. They said they signed a visitor’s register presented by a staff member named Ruth and were still at the premises when news broke alleging they had invaded the office. They further told the court that colleagues identified them after SERAP described them in its publication as “a tall, large, dark-skinned woman” and “a slim, dark-skinned man.”

However, the defendants, through their counsel Mr. Tayo Oyetibo, SAN, challenged the competence of the suit and urged the court to dismiss it for lack of merit. They argued that the State Security Service (SSS), as established by law, does not conduct unannounced social or familiarization visits to non-governmental organisations and that official invitations are usually sent formally.

The defence also maintained that there was no new leadership at SERAP and no staff member named Ruth. They alleged that the operatives arrived unannounced in unmarked vehicles and that the first claimant signed the visitor’s register as “Sarah David” to conceal her identity. According to SERAP, its front desk officer, Vivian Amadi, was interrogated and asked to provide sensitive documents, including the organisation’s certificate of incorporation.

The defendants further claimed that the operatives refused to leave the premises until SERAP posted on X urging the President to “stop the harassment and unlawful occupation.”

During Thursday’s proceedings, counsel for the claimants, Mr. Oluwagmileke Kehinde, urged the court to grant all the reliefs sought. In response, defence counsel Ms. Victoria Bassey argued that the suit was misconceived and that the claimants failed to establish defamation.

She contended that the law requires a claimant in a defamation case to prove that the alleged defamatory words were published concerning them personally. According to her, 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 (DSS)” and the institution itself.