SERAP appeals N100m defamation judgment in favour of DSS officials

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The Socio-Economic Rights and Accountability Project has filed an appeal against the N100 million defamation judgment delivered against it by the Federal Capital Territory High Court in Abuja in favour of officials of the Department of State Services.

In a statement issued on Tuesday by SERAP Deputy Director, Kolawole Oluwadare, the organisation described the judgment delivered on May 5, 2026, by Justice Yusuf Halilu as “a travesty and a miscarriage of justice.”

According to SERAP, the appeal was filed on Friday, May 8, 2026, by senior advocate Tayo Oyetibo, alongside an application seeking a stay of execution pending the determination of the appeal.

Justice Halilu had ordered SERAP to pay N100 million in damages to DSS officials, Sarah John and Gabriel Ogundele, over publications made on SERAP’s X handle alleging that DSS operatives unlawfully occupied its Abuja office in September 2024.

In its appeal, SERAP argued that the judgment was “legally defective, procedurally flawed, and unsupported by evidence.” The organisation further argued that the trial court relied on defective evidence, including a witness statement that was not sworn before a Commissioner for Oaths.

SERAP also challenged the court’s finding on defamation, arguing that the publications did not directly identify the DSS officials personally, as they were not mentioned by name, rank, photograph, or any unique identifier.

In its application for stay of execution, SERAP warned that enforcing the judgment could cripple its operations and disrupt ongoing human rights advocacy and accountability programmes, adding that thousands of individuals and communities depend on SERAP’s work.

The case originated from a suit filed by the DSS officials following posts published by SERAP on September 9, 2024, alleging that DSS officers unlawfully occupied its office and harassed its staff. Justice Halilu had held that the publication was defamatory and had psychologically affected the claimants. Although the claimants initially sought N5 billion in damages, the court awarded N100 million instead.

 

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