ABUJA COURT TO RULE ON DSS STAFF N5.5BN LAWSUIT AGAINST SERAP ON MAY 5
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By:Tajudeen Aminat
A High Court of the Federal Capital Territory (FCT) has fixed May 5 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 scheduled the judgment date through a hearing notice issued to all parties in the case, which was sighted by a media correspondent on Monday.
The judge had earlier reserved judgment on February 19 after hearing final arguments from all sides and stated that the date would be communicated to the parties.
In the suit marked CV/4547/2024, DSS officials Sarah John and Gabriel Ogundele named SERAP as the first defendant and its Deputy Director, Kolawole Oluwadare, as the second defendant.
The claimants alleged that SERAP falsely accused them of invading its Abuja office on September 9, 2024, an action they say has damaged their reputation.
Counsel to the DSS, Oluwagbemileke Samuel Kehinde, urged the court to grant all reliefs sought, arguing that although the claimants were not directly named in the publication, surrounding circumstances clearly identified them as the officers referred to. He maintained that the elements of defamation had been established.
However, SERAP’s counsel, Victoria Bassey of Tayo Oyetibo SAN Chambers, asked the court to dismiss the case, arguing that the claimants failed to prove they were specifically identified in the publication, which referred only to “DSS officials.”
She also argued that the publication did not name any individuals, and therefore the claimants needed to provide special evidence linking them to the statement.
Counsel to the second defendant, Oluwatosin Adefioye, supported this position, noting that while the DSS operation on September 9 was not disputed, the claimants had not shown they were the persons referred to.
He further argued that the Department of State Services has no legal identity under that exact name, insisting the claim was flawed.
The claimants, in their filings, alleged that SERAP’s publication led to reputational damage, public criticism, and international scrutiny of the DSS, including reactions from organisations such as Amnesty International and legal practitioner Femi Falana (SAN).
They are seeking, among other reliefs, an order compelling SERAP to issue a public apology, N5 billion in damages, 10 percent interest per annum on the judgment sum, and N50 million as cost of the action.
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