The Socio-Economic Rights and Accountability Project (SERAP) has challenged the judgment of a Federal Capital Territory High Court that awarded N100 million in damages to officials of the Department of State Services (DSS) over alleged defamation.
In the appeal filed on May 8 by senior advocate Tayo Oyetibo, SERAP also requested a stay of execution, asking the court to suspend enforcement of the judgment until the appeal is decided.
The case began after two DSS officials, Sarah John and Gabriel Ogundele, sued the organisation over statements released by SERAP in September 2024, alleging that operatives of the secret police unlawfully entered its Abuja office.
On May 5, Justice Yusuf Halilu of the FCT High Court ruled in favour of the DSS officials and awarded them N100 million in damages.
The judge also ordered SERAP to publicly apologise, pay N1 million as legal costs, and add a 10 percent yearly interest on the judgment sum until payment is completed.
Reacting to the ruling, SERAP deputy director, Kolawole Oluwadare, described the judgment as “a travesty and a miscarriage of justice”.
“The decision rests on fundamental legal and evidential errors that go to the root of jurisdiction and fairness in adjudication. The court’s decision is therefore perverse and a nullity,” the organisation said in its notice of appeal.
SERAP argued that the court relied on faulty evidence, including a witness statement that was allegedly not properly sworn before a commissioner for oaths.
The organisation also maintained that the publications in question did not specifically mention the DSS officials by name, rank, photograph, or any identifiable description.
“The publications complained of did not mention the respondents by name, rank, photograph, or any unique identifier,” SERAP said.
“The lower court failed to consider the pre-action letter from the DSS, wherein the DSS acknowledged that the publications were made of and concerning the DSS as an institution, not the individual respondents, as claimants.”
The organisation also challenged the legitimacy of the case, arguing that it was first filed against “SERAP,” which it described as a non-legal entity, before later being changed to its incorporated trustees.
“An action commenced against a non-juristic person is fundamentally defective and does not constitute a misnomer which is capable of amendment,” SERAP said.
The group added that the DSS officials failed to provide evidence showing that the statements caused them reputational damage, disciplinary action, suspension, or any financial loss.
“The Respondents did not adduce evidence of any suspension, investigation, disciplinary proceedings, or professional setback allegedly caused by the publications,” it said.
In its application seeking a stay of execution, SERAP warned that enforcing the judgment could seriously affect its operations and limit its human rights activities.
“If this judgment is executed, it would potentially cripple SERAP’s operations,” the organisation said.
“Thousands of individuals and communities depend on SERAP’s work, including victims of human rights violations and beneficiaries of its advocacy, investigations, and legal interventions.”
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