Court orders SERAP to pay N100m to DSS officials over defamatory post

In a significant ruling that underscores the need for caution in public pronouncements, the Federal Capital Territory High Court in Abuja has ordered the Socio-Economic Rights and Accountability Project (SERAP) to pay N100 million in damages. This judgment stems from a defamatory publication made by SERAP on its X (formerly Twitter) handle, which falsely accused officials of the Department of State Services (DSS) of unlawfully occupying its office and engaging in harassment.

“

Officers from Nigeria’s State Security Service are presently unlawfully occupying SERAP’s office in Abuja, asking to see our directors. President Tinubu must immediately direct the SSS to end the harassment, intimidation, and attack on the rights of Nigerians.

The court, presided over by Justice Yusuf Halilu, found that the claimants, DSS officials Sarah John and Gabriel Ogundele, had successfully proven their case. SERAP's posts in September 2024 alleged an "unlawful occupation" and demanded President Tinubu to "immediately direct the SSS to end the harassment, intimidation, and attack on the rights of Nigerians." The DSS officials, who were suspended pending investigation following the publication, sued SERAP and its Deputy Director, Kolawole Oluwadare, seeking substantial damages and a public apology.

“

It is most necessary for care and due diligence to be taken by SERAP before tweeting or releasing any particular information with respect to the action of an agency of government for public consumption.

Justice Halilu emphasized that while SERAP, a reputable non-governmental organization, champions transparency and accountability, it must also respect the rights of others. The judge stressed the importance of due diligence before disseminating information concerning government agencies, noting that even government entities are entitled to a fair hearing. The court further acknowledged the mental and psychological toll the viral publication had on the claimants. This ruling serves as a critical reminder, particularly for civil society organizations, that the pursuit of justice and accountability must be balanced with the responsibility to report accurately and avoid unsubstantiated claims that can damage reputations and livelihoods.

“

In the exercise of their right, SERAP must equally beware of other people’s rights. The right to be able to tweet and then put information out there must correspondingly take into account the fact that other agencies, i.e. even government, have a right to be given a fair hearing as it relates to any such information.