Court Finds SERAP Liable for Defaming SSS, Awards N100m Damages

The dispute stems from a September 2024 incident in which SERAP alleged that SSS operatives stormed its Abuja office.

SERAP

A Federal High Court sitting in the Federal Capital Territory (FCT) in Abuja has found the Socio-Economic Rights and Accountability Project (SERAP) liable for defaming Nigeria’s State Security Service (SSS) and two of its operatives, awarding N100 million in damages.

Delivering judgment on Tuesday, Justice Yusuf Halilu ruled that SERAP’s publication alleging that SSS operatives invaded its Abuja office in September 2024 was false and defamatory.

Court’s Ruling

The suit was filed in October 2024 by the SSS and two officers, Sarah John and Gabriel Ogundele, who claimed that SERAP’s statements damaged their professional reputations.

Justice Halilu held that the key issue before the court was whether the claimants had successfully proven defamation.

He ruled that:

  • There was clear evidence of publication by SERAP.
  • The statements made were false and injurious.
  • The descriptions used in the publication, though unnamed, sufficiently identified the officers.
  • The claims portrayed the officers as acting unlawfully and lacking professional conduct.

According to the judge, defamation—particularly libel—becomes actionable once a false and damaging statement is published.

“The publication clearly injured the claimants in their profession,” the judge stated.

Damages and Court Orders

The court awarded N100 million in damages against SERAP, significantly lower than the N5 billion initially sought by the plaintiffs.

In addition, the court ordered SERAP to:

  • Publish a formal apology in national newspapers
  • Broadcast the apology on television

The judge also noted that the publication had gone viral, potentially extending beyond Nigeria and affecting the claimants’ psychological and professional wellbeing.

Background to the Case

The dispute stems from a September 2024 incident in which SERAP alleged that SSS operatives stormed its Abuja office.

The organisation linked the alleged invasion to its advocacy efforts, including a letter to President Bola Tinubu calling for:

  • An investigation into alleged corruption in the Nigerian National Petroleum Company Limited (NNPCL)
  • Reversal of petrol price increases

However, the SSS denied the allegation, insisting that its operatives neither invaded the office nor harassed SERAP staff.

During the trial, SERAP maintained its position but, according to the court, failed to effectively challenge the evidence presented by the plaintiffs.

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Legal Implications

The ruling reinforces the principle that defamation claims hinge on:

  • Proof of publication
  • Identification of the affected parties
  • Demonstrable harm to reputation

Justice Halilu emphasised that even indirect descriptions can amount to identification if they clearly point to specific individuals.

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