Court Delays Ruling in DSS Operatives' N5 Billion Libel Case Against SERAP

The High Court of the Federal Capital Territory in Abuja has indefinitely postponed a ruling concerning a N5 billion defamation suit filed by two operatives from the Department of State Services (DSS) against the Socio- Economic Rights and Accountability Project (SERAP).

Justice Yusuf Halilu announced the adjournment for judgment after the attorneys for both parties presented their final written submissions.

The plaintiffs, identified as Sarah John and Gabriel Ogundele, launched the lawsuit following allegations made by SERAP that DSS personnel unlawfully entered its Abuja office in 2024. They are demanding N5 billion in damages, claiming the allegations constitute defamatory statements against them.

During the court proceedings, SERAP’s attorney, Victoria Bassey, representing Tayo Oyetibo, SAN Chambers, requested that the court dismiss the case entirely, asserting that it was fundamentally flawed.

Bassey contended that the plaintiffs had not shown that the statements in question were published specifically about them.

In her arguments, she stated:

"The law is clear that in a defamation case, it is the responsibility of the claimant to establish, as a primary requirement, that the criticized statements were specifically about them. This criterion is crucial to the core of the claim, and failure to prove it is detrimental to the case."

Bassey further pointed out that none of the contested publications mentioned the plaintiffs by their names, titles, images, or positions, referring only generically to 'officers from Nigeria’s Department of State Services (DSS)' and addressing institutional conduct.

Additionally, she asserted that no evidence existed demonstrating that an average person would reasonably interpret the statements as pertaining to the claimants personally.

On the other hand, the claimants' attorney, Oluwagbemileke Kehinde, requested the court to grant their claims entirely, urging the court to disregard the defense presented by SERAP, which he deemed inadequate.

In conclusion, Justice Halilu postponed the matter indefinitely for the ruling to be delivered.