SERAP urges court to dismiss SSS' N5bn defamation suit, judge reserves judgement

The Socio-Economic Rights and Accountability Project (SERAP) on Thursday urged the Federal Capital Territory (FCT) High Court in Abuja to dismiss a N5 billion defamation suit filed against the State Security Service (SSS).

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The organisation, joined by two of its agents – Sarah John and Gabriel Ogundele – as co-plaintiffs, argued that the claimants failed to prove that the alleged defamatory statements were directed at them personally.

In the suit marked FCT/HC/CV/4547/24 before a judge, Yusuf Halilu, SERAP’s lawyer, Victoria Bassey, adopted her client’s final written address and urged the judge to dismiss the suit.

Citing the Supreme Court decision in Onu v Agbese, Ms Bassey argued that a plaintiff must show that a publication identifies them personally to succeed in a defamation case.

She said the publications in question referred broadly to the SSS and did not mention the co-claimants’ names, ranks, or units.

“SSS is a national security agency with thousands of officers. Words directed at such a broad institutional body cannot automatically amount to personal defamation,” she said.

Oluwatosin Adesioye, lawyer to the second defendant, described the suit as “offensive” and also urged outright dismissal.

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He added that while a publication need not always name a claimant, special circumstances must exist to link it to specific individuals, which, he said, the claimants had not established.

Mr Adesioye emphasised that defamation is determined at the moment the publication is read. Any post-publication information tying the statements to specific individuals does not satisfy the legal requirement of identification.

Claimants’ response

The claimants – the SSS, Sarah John and Gabriel Ogundele, are seeking N5 billion in damages, N50 million in legal costs, a public apology to be published on SERAP’s website, in national newspapers, aired on television, and 10 per cent annual interest on the judgement sum until fully paid.

Their lawyer, Akinlolu Kehinde, who is a Senior Advocate of Nigeria (SAN), urged the court to grant all prayers sought.

He argued that the second defendant’s written address exceeded the 10-page limit allowed under Order 39, Rule 2 of the court’s rules and should be discountenanced, though he acknowledged that courts have historically treated such excesses as irregularities that do not invalidate proceedings.

On the substantive issue, Mr Kehinde said the publication referred to the claimants, citing the principle of innuendo, which allows a claimant to succeed where readers with contextual knowledge understand the publication refers to them.

Responding, the second defendant’s lawyer noted that the rules give courts discretion to prioritise substantial justice over technical breaches.

He also pointed out that the claimants’ final address exceeded the 30-page limit, questioning the consistency of their complaint.

Court reserves judgement

Mr Halilu emphasised that final written addresses cannot replace evidence.

“Addresses are meant to give the court a comprehensive understanding of the law, garnished with the evidence before it,” he said, adding that evidence remains paramount in determining the case.

The judge subsequently reserved judgement.

Background

The dispute traces back to September 2024, when two SSS officials, Ms John and Mr Ogundele, visited SERAP’s office in Abuja.

SSS later said the visit was part of the its routine practice of familiarising itself with leadership of non-governmental organisations in the FCT.

According to the SSS, the officials met a staff member, named Ruth, who informed them that no management staff member was available and advised submitting a formal invitation.

The agency said Ruth promised to notify SERAP management and provided a contact number.

The SSS maintained the visit was peaceful and documented.

Shortly after, SERAP posted on Twitter (@SERAPNigeria) and its website that SSS officers had unlawfully invaded its office and interrogated staff, describing the officers as “a tall, large, dark-skinned woman” and “a slim, dark-skinned man.”

SERAP also urged President Bola Tinubu to direct the SSS to halt what it described as harassment and intimidation.

The SSS contended that SERAP’s statements were false and damaging, triggering public ridicule and criticism from Amnesty International, prominent lawyers such as Femi Falana, also a SAN, and negative perceptions about the competence of the two officers.

They also prompted disciplinary action, including interrogations, statements, and suspension pending investigation.

In October 2024, the SSS filed the N5.5 billion defamation suit at the FCT High Court against SERAP and Mr Oluwadare.

The suit sought damages, publication of an apology in national media, 10 per cent annual interest, and legal costs.

But SERAP, in its statement of defence, insisted that SSS operatives stormed its office in Abuja in September.

It said the visit of the SSS operatives to its office in Abuja could not have been for social reasons, given the agency’s reputation of harassing and intimidating innocent citizens over the years.

“The DSS (SSS) is not known to make social friends of NGOs dedicated to the promotion of human rights and accountability in Nigeria.

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“There is no new leadership in SERAP and that the normal practice for public institutions and law enforcement agencies including the DSS, when inviting NGOs to a meeting is to send letters of invitation to such organizations for record purposes.

“The statement published by SERAP was directed to the DSS as Nigeria’s secret security agency which is notorious for various acts of harassment and intimidation of innocent citizens over the years, and not the DSS officials as claimed,” SERAP stated.

The case has been adjourned multiple times to allow for filing and adoption of final written addresses.

It is viewed by critics as part of a broader pattern of tension between government security agencies and civil society organisations in Nigeria, raising concerns about freedom of expression and the treatment of NGOs.

The case forms part of a broader pattern of tension between civic organisations and government security agencies. Critics have spotlighted concerns about arbitrary arrests and intimidation of journalists and activists since President Tinubu assumed office in May 2023, including the detention of Nigeria Labour Congress President Joe Ajaero and journalist Adejuwon Soyinka.

SERAP, founded in 2004, is a leading civil society organisation that uses legal and advocacy tools to promote transparency, accountability, and the protection of socio-economic rights in Nigeria.