A High Court of the Federal Capital Territory (FCT) sitting in Maitama, Abuja, has 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).
Justice Halilu Yusuf fixed judgment for a date to be communicated to the parties after counsel adopted their final written addresses and presented concluding arguments.
The suit, marked CV/4547/2024, was instituted by the two officers, Sarah John and Gabriel Ogundele. Also joined as defendants are SERAP’s Deputy Director, Kolawole Oluwadare.
The claimants allege that SERAP falsely accused them of invading its Abuja office on September 9, 2024.
While adopting the claimants’ final written address, their counsel, Oluwagbemileke Kehinde, urged the court to grant all the reliefs sought. He challenged the competence of the 12-page reply address filed on behalf of the second defendant, arguing that it contravened Order 39 Rule 2 of the court’s rules, which limits reply addresses to 10 pages. He asked the court to discountenance the document.
Kehinde further maintained that the claimants had sufficiently established their case, contending that they were clearly identifiable as the individuals referred to in the alleged defamatory publication. He argued that it is not necessary for every member of society to know the claimants in order for them to succeed in a defamation action, stating that it is enough that colleagues and others understood the publication to refer to them. According to him, all the elements of defamation had been proven, including reference to the claimants and publication of the statements.
In response, counsel to SERAP, Victoria Bassey, adopted her client’s final address and reply on points of law after the court granted an application to deem them properly filed despite being submitted out of time. She urged the court to dismiss the suit, arguing that since the claimants were not expressly named in the publication, they bore the burden of proving that they were the individuals referenced. She maintained that they failed to do so.
Similarly, counsel to the second defendant, Oluwatosin Adesioye, asked the court to dismiss the case. He questioned the court’s jurisdiction and argued that the claimants had not demonstrated that they were the subjects of the publication. He also contended that while the National Security Agencies Act recognises the State Security Service, it does not specifically mention the DSS. Adesioye further challenged the competence of the claimants’ final written address, claiming it exceeded the prescribed 30-page limit by five pages.
During his testimony for the defence on November 24, 2025, Oluwadare acknowledged authoring the publication in question. He stated that he relied on information provided by Vivian Amadi, a receptionist at SERAP’s Abuja office, who informed him of the presence of DSS officials at the premises. He admitted he was not physically present at the time.
In the publication on SERAP’s website, the organisation alleged that DSS officials had unlawfully invaded its Abuja office, intimidated and harassed staff, and called on President Bola Tinubu to intervene. While reading from the publication in court, Oluwadare confirmed using terms such as “unlawful,” “intimidating,” and “harassing,” but disagreed that the statements constituted serious allegations against the two claimants.
He also admitted that he did not contact the DSS before publishing the statement and confirmed that the officials did not brandish weapons, seize or damage property, assault any staff member, or force entry into the office. According to him, he was informed that the first claimant was making calls and asking other DSS officials not to enter the premises. He further claimed to possess CCTV footage of the officials’ arrival.
In their statement of claim, the officers asserted that the publication damaged their reputations and that of the DSS. They explained that the visit to SERAP’s office was in line with the agency’s practice of engaging non-governmental organisations in the FCT to establish relationships with new leadership. According to them, they visited SERAP’s office at 18 Bamako Street, Wuse Zone 1, Abuja, to invite its new leadership for a familiarisation meeting.
They said they met a staff member identified as Ruth, who informed them that management was out of the country and advised that a formal invitation letter be sent. The officers stated that their interaction was recorded and that they left peacefully after Ruth promised to relay the message and provided a contact number.
They expressed surprise that shortly after the visit, SERAP posted on its X (formerly Twitter) handle, @SERAPNigeria, alleging that DSS officers were unlawfully occupying its office. A statement published on SERAP’s website and widely reported by media outlets described the officials as “a tall, large, dark-skinned woman” and “a slim, dark-skinned man” who allegedly invaded and interrogated staff.
The claimants contend that the publication led to ridicule and criticism from international organisations, including Amnesty International, and prominent Nigerians such as Femi Falana (SAN). They argue that the statements created the impression that the Federal Government was using the DSS to harass SERAP and caused internal reputational damage within the agency.
The reliefs sought by the claimants include:
- An order directing the defendants to issue a public apology on SERAP’s website, its X handle, and in two national newspapers (Punch and Vanguard), as well as on Arise Television and Channels Television.
- N5 billion in damages for the alleged libellous publication.
- Interest on the judgment sum at 10 percent per annum from the date of judgment until full payment.
- N50 million as costs of the action.
Judgment has been reserved and will be delivered on a date to be communicated to the parties.
