BREAKING: Court orders SERAP to pay N100m damages to DSS officials over defamatory post

The Federal Capital Territory High Court in Maitama, Abuja, has ordered the Socio-Economic Rights and Accountability Project (SERAP) to pay N100 million in damages to two officials of the Department of State Services (DSS) over a defamatory publication on X.

Justice Yusuf Halilu, who delivered judgment in the suit marked FCT/HC/CV/4547/24 on Tuesday, held that the claimants — Sarah John and Gabriel Ogundele — successfully proved that SERAP’s post was defamatory.

The controversy stemmed from a series of posts published on SERAP’s X handle on September 9, 2024, alleging that DSS operatives unlawfully occupied its Abuja office and demanded to see its directors, while calling on President Bola Tinubu to intervene.

Dissatisfied with the publication, the two DSS officials sued SERAP and its Deputy Director, Kolawole Oluwadare, seeking N5bn in damages, legal costs, and a public apology across multiple platforms.

In his ruling, Justice Halilu stressed that while SERAP plays a key role in promoting transparency and accountability, it must exercise caution and due diligence before publishing allegations against individuals or institutions.

“It is most necessary for care and due diligence to be taken by SERAP before tweeting or releasing any particular information,” the judge said, adding that the right to free expression must be balanced with the rights of others.

The court found that the publication, which went viral, caused mental and psychological distress to the claimants and contributed to their suspension from duty pending investigation.

Justice Halilu held that the defendants failed to justify the claims or retract the publication, describing it as “unjustifiably libellous.”

Although the claimants demanded N5bn, the court awarded N100m as damages, alongside N1m as cost of action and a 10 per cent annual interest on the judgment sum until it is fully paid.

The court also ordered SERAP to issue a public apology to the claimants on its website, X handle, and through national media platforms, including The PUNCH, Vanguard, Arise Television, and Channels Television.

The judge further reiterated that fundamental rights are not absolute, noting that “your right ends where another person’s own begins,” while affirming that libel is actionable once publication is established, even without proof of specific damages.

The court dismissed all preliminary objections raised by the defendants, ruling that the suit was competent and the evidence admissible.