Court Awards N100m Against SERAP in Defamation Lawsuit

The High Court of the Federal Capital Territory, Abuja, has ruled in favour of two operatives of the Department of State Services in a defamation lawsuit against the Incorporated Trustees of the Socio-Economic Rights and Accountability Project, SERAP. However, instead of the Five-Point-Five Billion Naira claimed by the plaintiffs, Justice HALILU YUSUF awarded One Hundred Million in damages against SERAP, in addition to One Million Naira to cover the cost of litigation. Justice YUSUF also ordered SERAP to tender a public apology to the two DSS operatives, identified as SARAH JOHN and GABRIEL OGUNDELE, which is to be published in two national newspapers and broadcast on two television stations. SERAP had alleged that the DSS operatives invaded their Abuja office, and harassed and assaulted their workers, while the DSS maintained that the operatives were on a routine visit to acquaint themselves with the new leadership of the organisation. Earlier, in a statement, SERAP faulted what it called: “The use of Strategic Lawsuits Against Public Participation (SLAPPs) lawsuits by the Nigerian authorities" against it and other Nigerians peacefully exercising their human rights, saying it was "antithetical to the Nigerian Constitution 1999 [as amended] and the country’s international human rights obligations.” According to SERAP, “These authoritarian practices will surely fail and those perpetrating them will be held to account.” In its statements of defence and statements on oath filed in court, “SERAP vehemently denies the claims by the DSS and its officials and at the trial shall urge the Court to dismiss the claims in their entirety for being frivolous and vexatious, with substantial costs in favour of SERAP.” “One of the two DSS officials who entered SERAP’s office signed the visitor’s book as “Sarah David” and not “Sarah John” as constituted in this suit. A photocopy of the extract from the visitor’s book showing that the official hid her true identity when she entered SERAP’s premises is hereby pleaded and shall be relied upon during trial.” “The DSS stormed SERAP’s office demanding to see its management staff, demanding official documents in addition to interrogating and questioning its front desk officer.” “SERAP shall during the trial of this suit challenge the competence of this suit on various grounds of law.” “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.” “Upon arrival at SERAP’s office, one DSS official parked her private car at the premises of SERAP in company of two unmarked vehicles occupied by some operatives of the DSS.” “The DSS is not known to make social friends of NGOs dedicated to the promotion of human rights and accountability in Nigeria.” “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.” “On 17th September 2024 the DSS had, through their Solicitor, Dr Alex Izinyon SAN, written to SERAP in respect of this matter in which they stated that the publication SERAP complained of in this Suit was made of and concerning the DSS, and not the two DSS officials.” “By a letter dated 23rd day of September 2024, SERAP’s Solicitors Messrs Tayo Oyetibo LP rejected the demands of the DSS as contained in their Solicitor’s letter.” “It was after the exchange of correspondence between the DSS and SERAP, that the two DSS officials instituted this Suit based upon false facts that the publication was made of and concerning them.” “The DSS has made contradictory statements as to the purpose of their unannounced visit and presence in SERAP’s Abuja office.” “The DSS in their public statement which was issued on 10th September 2024 confirmed that they visited SERAP’s office on 9th September 2024 ‘on a routine investigation’.” “The purpose of the ‘visit’ to SERAP’s Abuja office as contained in the said public statement by the DSS is completely different from the purpose contained in paragraph 5 of the claimants’, to the effect that: ‘in line with its practice of engaging with officials of non-governmental organisations operating in the FCT to establish a relationship with their new leadership, it directed its two officials to visit SERAP’s office and invite its new leadership for a familiarisation meeting.’” “SERAP does not have a front desk officer in its Abuja Office named ‘Ruth’ and as such puts the Claimants to the strictest proof of the same.” “SERAP has received written invitations for partnerships and collaborations from many public institutions which SERAP has honoured and SERAP has a good working relationship with many public institutions in Nigeria, including the Bureau of Public Service Reform, Code of Conduct Bureau, Economic and Financial Crimes Commission, National Human Rights Commission and Independent Corrupt Practices and Other Related Offences Commission.” “One of the two DSS officials requested to see the incorporation documents of SERAP from the front desk officer and when told that the incorporation documents are in the custody of management staff, she requested to see senior officers of SERAP present and when asked why, she repeated that she needs to verify the incorporation documents before leaving.” “While in the Abuja office of SERAP, one of the two DSS officials received various phone calls from her colleagues stationed outside asking her for a signal to come in but she responded to the hearing of the front desk officer that the main people were not in the office and that they should remain stationed outside.” “One of the two DSS officials specifically asked and queried the internal structure of SERAP while asking for the whereabouts of SERAP’s director in addition to inquiring about the location from which the director issues public statements, such as the statement issued on the alleged corruption and mismanagement in the operation of NNPCL and the increase by the NNPCL in the pump price of petrol.” “When the interrogation got heated and out of hand, the front desk officer who was then visibly scared, harassed and intimidated by the presence of the one of the two DSS officials, and the questions, multiple calls received by her and her responses thereto, advised that an official letter be sent to SERAP.” “Owing to the continuous and heated interrogation and improper interrogation tactics by the DSS official, and the presence of unmarked vehicles stationed outside the premises of SERAP, other staff present in the office were apprehensive and afraid, expecting an imminent raid by the operatives stationed outside the office.” “The DSS official only left the office when the front desk officer promised her that a member of SERAP’s management staff or an assigned staff would visit the office of the DSS, hopefully, that day, 9/9/2024.” “After the DSS official left SERAP’s Abuja Office, the front desk officer called SERAP deputy director and narrated her ordeal with the officials who had left the office, but still entertained fears they might return to arrest all staff, including herself.” “After the DSS officials signed their names in the SERAP visitor’s book, their convoy remained stationed at our office. Consequently, SERAP released a tweet on X (formerly known as Twitter) urging President Bola Ahmed Tinubu to instruct the DSS to cease the harassment, intimidation, and unlawful occupation of its premises.” “Following the tweet referenced above, various media outlets began arriving to monitor the situation at SERAP’s Abuja office. Upon noticing the presence of these media organizations, the DSS officials’ convoy promptly moved their unmarked vehicles further from SERAP’s premises and subsequently departed the area.” “The actions of the DSS officials amount to harassment, intimidation, and ill-treatment and inflicted severe psychological torture and trauma on the staff members of SERAP to the extent that some staff in the employment of SERAP were reluctant to resume when directed to do so in fear of being arbitrarily arrested, harassed, intimidated and/or detained by the DSS.” “DSS officials never recorded the conversation between them and the SERAP front desk officer as claimed and put the officials to the strictest proof of the same.” “SERAP is a leading NGO in Nigeria advocating for the protection of human rights in Nigeria and it is loved by Nigerians for the organization’s good work and specifically pleads that its public statement published on 9/9/2024 is true and justified.” “The DSS officials cannot claim to have sustained any injury as a result of the Defendants’ publication, as the said publication never mentioned their names but only described the officers who came to SERAP’s office.”