The FCT high court has reserved judgment in a N5 billion defamation suit filed by two officials of the department of state services against the socio-economic rights and accountability project.
Justice Yusuf Halilu on Thursday announced that a date for the decision would be communicated to the parties after they adopted their final written submissions.
The suit, marked CV/4547/2024, was initiated by DSS operatives Sarah John and Gabriel Ogundele.
They are seeking damages over claims that they unlawfully stormed SERAP Abuja office on September 9, 2024.
The officers contend that the allegation, which was published by SERAP and amplified online, tarnished their personal reputations and damaged the image of the security agency.
Joined as defendants in the case are SERAP and Kolawole Oluwadare, its deputy director.
In their reliefs, the claimants asked the court to compel SERAP to issue public apologies on its website and social media platform X, as well as in two national newspapers and on two television stations.
They are also demanding N5 billion in damages, 10 per cent annual interest on the judgment sum until payment is completed, and N50 million to cover litigation costs.
According to the claimants, their visit to SERAP’s office was merely for familiarisation with what they described as the organisation’s new leadership.
They insisted that they signed the visitors’ register on arrival and were present at the premises when reports began circulating that they had carried out an invasion.
They further argued that references in SERAP’s publication describing a “tall, large, dark-skinned woman” and “a slim, dark-skinned man” made it easy for colleagues and members of the public to identify them.
However, the defendants, represented by a legal team led by Mr. Tayo Oyetibo (SAN), urged the court to dismiss the case, arguing that it lacked merit.
They maintained that the security agency does not conduct informal or unannounced courtesy visits to civil society organisations and that official engagements are typically preceded by written communication.
The defence also disputed the claim that there was new leadership at SERAP and denied the existence of a staff member identified as “Ruth.” Instead, they stated that the front desk officer on duty was Vivian Amadi.
SERAP told the court that the first claimant allegedly signed the register under a different name and that staff members were questioned and asked to provide documents, including the organisation’s certificate of incorporation.
The NGO further claimed that the operatives only left the premises after it publicised the incident and called on the President to intervene.
While adopting his final address, counsel to the claimants, Mr. Oluwagmileke Kehinde, asked the court to grant all the reliefs sought. In response, defence counsel Ms. Victoria Bassey argued that the plaintiffs had failed to establish the essential ingredients of defamation.
She emphasised that for a defamation claim to succeed, the claimant must prove that the alleged publication specifically referred to them.
According to her, the statements in question mentioned only officers of the DSS in general terms and did not identify the claimants by name, rank, photograph, or position.
Justice Halilu said parties would be notified once a date for judgment is fixed.
