The Federal Capital Territory (FCT) High Court in Abuja on Tuesday held a leading public accountability-focussed not-for-profit, the Socio-Economic Rights and Accountability Project (SERAP), liable for defaming Nigeria’s secret police organisation, the State Security Service (SSS) and two of its officials.
The judge, Yusuf Halilu, delivered the judgement in a defamation suit filed by the SSS operatives against SERAP.
The SSS operatives sued SERAP in October 2024, accusing the non-governmental organisation of falsely claiming that its operatives, in September 2024, invaded its Abuja office.
Two operatives of the SSS – Sarah John and Gabriel Ogundele – allegedly defamed by SERAP’s claim were joined as co-claimants.
The claimants, who sought N5 billion damages against SERAP, stated that the alleged false claim negatively impacted their reputation.
SERAP offered a rebuttal during trial.
But delivering judgement on Tuesday, the judge said the key issue was whether the claimants proved defamation and were entitled to be granted their prayers. He noted that the defendants did not challenge the evidence on oath put forward by the plaintiffs.
He said defamation remains a distinct cause of action, “legally and historically,” and involves exposing a person to hatred or ridicule. He said it covers libel, which is written, and slander, which is spoken.
He said libel is actionable once there is a publication that is false and damaging.
On publication, the judge said: “From the context of the documents before the court, it is settled there was a publication.”
He referred to 21 March 2025, when Sarah John tendered social media publications marked as exhibits. He said Exhibit 3 showed that SERAP published statements about the officers.
The judge said the court must determine whether the words were defamatory. He described the words as innuendo that could be derogatory.
He cited the description of the officers in the publication. “The evidence of the SSS officer is tall, large, dark, slim, dark skin,” he said.
“I have taken judicial notice of their features, and all suit the claimants in this case,” the judge added.
He said that although SERAP did not mention names, the description identified the officers. “They described them as tall, large, dark-skinned persons,” he said.
“It cannot be challenged that there was defamation against the claimants,” the judge ruled.
He said the publication suggested that the officers occupied SERAP’s office unlawfully and harassed its staff. He said it portrayed them as acting without authority and lacking professional character.
“Allegations of intimidation and harassment should not be attributed to SSS officers as in this case,” said the judge.
“The publication clearly injured the claimants in their profession,” he added.
The judge said the defendants did not admit in court that SSS operatives broke into their office or harassed them.
“Once there is publication, it does not require further proof. The publication is indeed libellous,” he said.
He added that the statements may have gone viral beyond Nigeria and affected the claimants’ physical and psychological wellbeing.
The court awarded N100 million damages against SERAP. It also ordered an apology to be published in national dailies and on television.
Background
The SSS sued SERAP in October 2024. It accused the group of falsely claiming that its operatives invaded SERAP’s Abuja office in September.
The SSS filed the suit with two operatives named as co-claimants, Sarah John and Gabriel Ogundele.
The plaintiffs sought N5 billion in damages. They said the claim damaged their reputation.
They said SERAP alleged that SSS invaded its office and that the claim was widely shared on Twitter and reported by media organisations, including The Sun, Channels Television, Arise News, and PREMIUM TIMES.
They said the allegation had a serious impact on them.
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The SSS denied invading SERAP’s office or harassing its staff. The two officers gave evidence in support of the claim.
SERAP, in its defence, maintained that SSS operatives stormed its Abuja office in September.
The group said the visit could not have been for social reasons, given the agency’s reputation for harassment.
SERAP said the incident followed its letter to President Bola Tinubu. The letter asked him to probe alleged corruption in the Nigerian National Petroleum Company Limited and to reverse the increase in petrol prices.
