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By John Azu
A non-governmental organisation , the Socio-Economic Rights and Accountability Project (SERAP) has appealed a court judgment which awarded the sum of N101 million against it in favour of two officials of the Department of State Services (DSS).
In the appeal, SERAP is also asking for a stay of execution of the judgement delivered by the lower court until the determination by the appellate court.
Further, SERAP is asking the Court of Appeal to set aside the entire judgment of the FCT High Court delivered on 5 May 2026; and an order dismissing the substantive suit (CV/4547/2024) in its entirety for lacking merit, adding that being legally defective, procedurally flawed, and unsupported by evidence, the verdict raised substantial questions of jurisdiction, defamation law, and constitutional and international fair trial standards.
Among the errors identified by the CSO is that, “the lower court failed to apply the objective test laid down by the Supreme Court in Ologe v. New Africa Holdings Ltd and Abalaka v. Akinsete, which requires that words be understood as referring to the claimant by right-thinking members of society generally, not by a specialised or institutional group.
“The lower court erroneously relied on the subjective perception of the Respondents and their colleagues within the Department of State Services (the ‘DSS’).“
“The lower court failed to consider the admission of the 1st Respondent under cross examination that she is not the only tall, dark-skinned, large woman in the DSS, and that the 2nd Respondent is not the only slim, dark-skinned man.
“The publications complained of did not mention the Respondents by name, rank, photograph, or any unique identifier. The lower court failed to consider the pre-action letter from the DSS, wherein the DSS acknowledged that the publications were made of and concerning the DSS as an institution, not the individual respondents, as claimants.
“The lower court erred in law by relying on the witness statement on oath of the 1st Respondent when the 1st Respondent admitted under cross-examination that the said statement was not sworn before a Commissioner for Oaths.
It argued that the court relied on a faulty witness statement on oath must be signed by the deponent in the presence of the person authorised to administer oaths and failing to uphold SERAP’s defences of justification, qualified privilege, and fair comment.
Justice Yusuf Halilu had in the judgement awarded the sum of N101 million as general damages and cost of action in favour of Sarah John and Gabriel Ogundele after finding the X post by SERAP defamatory.
Justice Halilu further directed the CSO to tender a public apology in two national print and two broadcast media.
The judge stated that the damages will be at 10 percent interest until liquidated by the judgement debtor.
In striking out the preliminary objections of SERAP and its director Kolawole Oluwadare, who maintained that DSS operatives came to its premises with unmarked vehicle prompting its public alerts on X, the judge upheld the submission that the claim of invasion and the description of the physical appearances of the officers was false and defamatory.
“The defendants’ defence of justification of the public defamatory words have been left to wither away, as a judicial gatecrasher,” he said.
Two DSS officials Sarah John and Gabriel Ogundele brought the suit with number: FCT/HC/CV/4547/24 after SERAP failed to apologise for accusing them and using words like DSS officials of “unlawful”, “invasion” and “harrassment” on September 10, 2024, which led to their suspension from office.
The DSS officials, had through their lawyer Akinlolu Kehinde (SAN) demanded the sum of N5 billion in damages, apology published on SERAP’s website, social media, and in national newspapers and television stations, the sum of N50 million for legal costs and 10 per cent annual interest on the N5 billion until payment is made in full over the defamatory publication.
The suit followed the publication titled a breaking post on their X handle that officers from the DSS were “unlawfully occupying” their office in Abuja and called on the president to stop the “harrassment” shortly after the officials said they visited the office as part of their coverage of civil societies where they introduced themselves and registered their details at the gate without any forceful entry.