SERAP Appeals N100m DSS Defamation Judgment Case

The Socio-Economic Rights and Accountability Project has appealed the N100m defamation judgment awarded against it by the Federal Capital Territory High Court in Abuja in favour of two officials of the Department of State Services.

SERAP, in a statement issued on Tuesday by its Deputy Director, Kolawole Oluwadare, described the May 5, 2026 judgment delivered by Justice Yusuf Halilu as a miscarriage of justice and confirmed that its appeal was filed on May 8 by senior advocate Tayo Oyetibo.

The organisation also disclosed that it filed an application seeking a stay of execution of the judgment pending the determination of the appeal.

According to SERAP, the notice of appeal would be amended upon receipt of the Certified True Copy of the judgment to include additional aspects that further demonstrate what it called the flawed nature of the ruling.

Justice Halilu had ordered SERAP to pay N100m in damages to DSS officials Sarah John and Gabriel Ogundele over posts published on SERAP’s X account in September 2024, which alleged that DSS operatives unlawfully occupied its Abuja office.

The court further directed SERAP to issue public apologies on its website, newspapers, and television stations, while also imposing ₦1m in litigation costs and a 10 per cent annual post-judgment interest until full payment.

In its appeal, SERAP argued that the judgment was procedurally flawed, legally defective, and unsupported by credible evidence.

The organisation maintained that the lower court relied on defective evidence, including a witness statement it claimed was not properly sworn before a Commissioner for Oaths.

SERAP also challenged the court’s finding on defamation, insisting that its publications did not directly identify the DSS officials by name, rank, photograph, or any unique personal identifier.

It further argued that the trial court wrongly applied subjective perceptions rather than the objective legal standard required in defamation cases.

SERAP stated that the court also failed to properly consider its legal defences of justification, qualified privilege, and fair comment, stressing that its publication was intended to inform the public about what it perceived as intrusive conduct by state security agents.

The organisation added that the DSS officials did not provide sufficient evidence of reputational damage, financial loss, or professional setbacks caused by the disputed publication.

In its stay of execution application, SERAP warned that immediate enforcement of the judgment could severely disrupt its operations and potentially cripple its human rights advocacy, transparency campaigns, and accountability programmes.

The organisation said such enforcement could also undermine its constitutional right to appeal, as it may be financially unable to sustain legal proceedings at the appellate court.

The case originated from a suit filed by the DSS officials after SERAP’s September 9, 2024 posts alleged that DSS officers unlawfully occupied its office and harassed its staff.

In his ruling, Justice Halilu held that SERAP’s publication was defamatory and had psychological effects on the claimants, stressing the need for due diligence before making public allegations against government agencies.

Although the DSS officials had initially sought N5bn in damages, the court awarded N100m which it described as a modest sum under the circumstances.