…he also argued that there is no legal entity known as the “Department of State Service (DSS)”
ABUJA, NIGERIA- The iNews Times| A High Court of the Federal Capital Territory has scheduled May 5, 2026, for 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 the date for delivering the judgment in a hearing notice recently served on the parties and seen by journalists on Monday.
The judge had earlier, on February 19, reserved judgment after hearing final arguments from all parties, stating that a date for the ruling would be communicated in due course.
The suit, marked CV/4547/2024, lists SERAP as the first defendant and its Deputy Director, Kolawole Oluwadare, as the second defendant.
The case was instituted by two DSS officials, Sarah John and Gabriel Ogundele, who alleged that the defendants falsely accused them of invading SERAP’s Abuja office on September 9, 2024.
Counsel to the DSS operatives, Oluwagbemileke Samuel Kehinde, urged the court to grant all the reliefs sought, arguing that although the claimants were not directly named in the publication, sufficient evidence had been presented to show they were the individuals referenced in the alleged defamatory statements.
He maintained that all elements required to establish defamation had been satisfied and that the publication in question clearly referred to the two officials.
However, counsel to SERAP, Victoria Bassey of the Tayo Oyetibo SAN law firm, asked the court to dismiss the case, arguing that the claimants failed to prove that they were specifically identified in the publication, which merely referred to “DSS officials.”
Similarly, counsel for the second defendant, Oluwatosin Adefioye, contended that since no individual was named in the report, the claimants were required to establish special circumstances linking them directly to the alleged statements.
He also argued that there is no legal entity known as the “Department of State Service,” noting that the only recognised body in law is the National Security Agency.
The claimants maintained that SERAP’s publication falsely portrayed their visit as an unlawful invasion, thereby damaging their reputations and that of the DSS.
According to them, their visit to SERAP’s office at 18 Bamako Street, Wuse Zone 1, Abuja, was a routine engagement aimed at inviting the organisation’s new leadership for a familiarisation meeting.
They said they met a staff member identified as Ruth, who informed them that management was unavailable and advised them to send a formal invitation letter. The officials stated that they left the premises shortly after the interaction.
They expressed surprise that shortly after their visit, SERAP posted on its X (formerly Twitter) handle, @SERAPNigeria, alleging that DSS officers were unlawfully occupying its office.
They further claimed that SERAP published statements describing the officials as “a tall, large, dark-skinned woman” and “a slim, dark-skinned man,” alleging they invaded and interrogated staff.
The claimants argued that the publication attracted criticism from international organisations such as Amnesty International and prominent Nigerians, including Femi Falana, thereby damaging their professional standing.
They also stated that the publication created the impression that the Federal Government was using the DSS to harass civil society organisations.
As part of their reliefs, the claimants are asking the court to order the defendants to issue a public apology via SERAP’s website, its X handle, two national newspapers (Punch and Vanguard), and television stations including Arise Television and Channels Television.
They are also seeking N5 billion in damages for the alleged defamatory statements, 10 percent annual interest on the judgment sum until it is fully paid, and an additional N50 million as the cost of the suit.
