Quick Summary:
FCT High Court sets May 5 for judgment in a N5.5 billion defamation suit filed by two DSS operatives against SERAP over alleged false claims of invasion of its Abuja office.

A High Court of the Federal Capital Territory (FCT) has fixed May 5, 2026, for judgment in a N5.5 billion defamation suit instituted by two operatives of the Department of State Services (DSS) against the Socio-Economic Rights and Accountability Project (SERAP).

Justice Halilu Yusuf fixed the date in a hearing notice delivered to the parties and sighted on Monday. The judge had earlier reserved judgment on February 19 after hearing arguments from all sides and promised to communicate the date for delivery.

Background Of The Case

The suit, marked CV/4547/2024, was filed by Sarah John and Gabriel Ogundele, both DSS officials, who accused SERAP of publishing false claims that they invaded the organization’s Abuja office on September 9, 2024.

The claimants listed SERAP as the 1st defendant and its Deputy Director, Kolawole Oluwadare, as the 2nd defendant.

Counsel to the DSS, Oluwagbemileke Samuel Kehinde, urged the court to grant all reliefs sought, arguing that although the claimants were not named directly, the circumstances clearly identified them as the DSS officials referenced in the publication.

He maintained that the elements of defamation had been established and that the offending publication referred to the two operatives.

SERAP’s Defence

SERAP, represented by Victoria Bassey of Tayo Oyetibo (SAN) & Co., asked the court to dismiss the suit, arguing that the claimants failed to prove they were the individuals referred to in the publication.

Bassey noted that the publication only mentioned “DSS officials”, not specific names, and that the plaintiffs must show special circumstances linking them to the alleged defamation.

Similarly, Oluwatosin Adefioye, counsel for the second defendant, argued that there was no dispute about the DSS visit to SERAP’s office but insisted that no individual was identified in the publication.

He further contended that the Department of State Services is not a legal entity capable of suing or being sued, as the National Security Agency is the only recognized body under Nigerian law.

Claimants’ Allegations

In their statement of claim, the DSS operatives said the false publication by SERAP had damaged their reputation and that of the DSS.

They explained that their visit to SERAP’s office at 18 Bamako Street, Wuse Zone 1, Abuja, was a routine familiarisation visit to engage with non-governmental organizations operating in the FCT.

According to them, they met a staff member identified as Ruth, who advised that a formal letter be sent to SERAP’s management. Shortly after leaving, SERAP allegedly posted on its X (Twitter) handle that DSS officers were unlawfully occupying its office.

The claimants said the post was followed by a statement on SERAP’s website, describing the DSS visitors as “a tall, large, dark-skinned woman” and “a slim, dark-skinned man.”

They claimed the publication led to public ridicule, with Amnesty International and Femi Falana (SAN) among those criticizing the DSS.

Reliefs Sought

The claimants are seeking the following reliefs:

Next Steps

Justice Halilu Yusuf is expected to deliver judgment on May 5, 2026, bringing to a close one of the most closely watched defamation cases involving a security agency and a civil society organization in recent years.